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3d
Transfer
Need some advice on an H-1B transfer situation.
I am currently working on H-1B transfer portability with Employer A (petition is filed and pending, and I’m already working there based on receipt notice). I’ve now received a much better offer from another large employer and they want to file a new H-1B transfer for me.
My understanding is:
- I was originally cap-counted with a prior approved H-1B
- Employer A’s petition is still pending
- New employer can file a separate H-1B transfer based on my existing cap-counted status
- Once the new employer files and I receive the receipt notice, I can move based on portability
My main question:
If Employer A’s pending petition later gets denied, withdrawn, or approved after I join the new employer, does that have any impact on the new employer’s H-1B petition or my status?
Has anyone gone through a bridge transfer like this from one pending transfer to another?
P.S I have valid I-94 until 2028
Thanks!
#h1b#manifestlaw
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Manifest Law2m
Bridge H-1B transfer situations can become nuanced very quickly. In general, a new employer can often file another I-129 while a prior transfer is pending, especially where the beneficiary was already cap-counted and has a valid I-94. However, the outcome of Employer A’s pending petition can sometimes affect how USCIS analyzes maintenance of status and portability for the later filing.
A denial of the bridge petition does not automatically doom the later petition, but it can create complications depending on the exact timeline, work authorization basis, and filing strategy. Since these cases are very fact-specific, this is one where it’s really worth having an experienced immigration attorney review the sequence carefully.
If you have any other questions, feel free to ask them in our next Lawfully office hours session!
- Attorney Jurgen Negron
(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney-client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)
