H-1B Employer Transfer After I-94 Expiration and “Bridging” of Transfer Petitions

“Bridging” is when successive H-1B portability (transfer) petitions are filed for an alien while the previous H-1B petitions remain pending and while the period on the initial I-94 card has expired.   We have a number of clients who are currently “bridging” their H-1B petitions and in light of the increased number of inquiries, it may be helpful to outline the process.

Most often the questions of “bridging” arise when an employee files an H-1B transfer application from Employer A to Employer B.  While the A->B transfer application is still pending and the Employer A I-94 card has expired, the employee wishes to start work for Company C and as a result, a portability transfer application is filed (B->C).  Under the Aytes Memorandum of December 27, 2005, the employee can start work for Employer C upon filing of the Employer C transfer petition; however, under the “bridging” rule, for the Employer C petition to be approved, every H-1B portability petition must separately meet the requirements for H-1B classification and for an extension of stay. In the event the employee’s nonimmigrant status (I-94 date) has expired while the A->B or B->C petitions are pending, the denial of any filing in the string of extension of stay and/or change of status filings undercuts the “bridge” that “carried” any petition filed after the expiration of any approved status which will result in the denial of the successive requests to extend or change status.

As a result, if I-94 has expired and if A->B H-1B transfer is denied, then this would cause the B->C H-1B transfer to be denied because the alien’s authorized presence would no longer be supported by the A->C H-1B transfer.