An RFE was issued on my H1B extension filed by company A. My I-94 expired after this petition was filed. Can company B sponsor me for a change of employer while company A’s case is pending?

Answer

Yes, company B can file an H1B petition in this situation. However, whether or not any approval given through company B will have an I-94 at the bottom depends upon the outcome of A’s case. This type of filing pattern is known as bridging – the petition by company A is the bridge for the case filed by company B. If the bridge case is denied, the B case can only be approved for consular processing. (13.Jul.2015)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2015, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.