A bridge petition helps you maintain your H1B status if you're laid off and there’s a gap between your previous job and your next one. This petition is used when your new employer files an H1B transfer after your 60-day grace period, as long as there is a previously filed petition still pending. In this blog, we’ll explain how the bridge petition works, who needs it, when to file, and how to ensure it keeps you in legal status with USCIS.
Key Takeaways
- A bridge petition helps maintain legal H1B status when moving between employers after a layoff.
- It must be linked to a pending petition filed within the 60-day grace period.
- Each petition depends on the approval of the one before it.
- Timely filing and clear documentation are essential to avoid denial or a gap in status.
What Is a Bridge Petition?
A bridge petition is an H1B transfer application that connects a new job to a previous pending petition, preserving the worker’s legal status even after the 60-day grace period. For example, if you lose your H1B job and file a change of status (like B2), and later get a new job, the new employer can file a bridge petition connecting to the pending B2 application. This allows you to stay and work legally in the U.S., assuming USCIS approves the petitions.
When Do You Need a Bridge Petition?
Bridge petitions are typically needed in the following situations:
Scenario 1: Job Offer After the Grace Period
You lost your job and filed a B2 change of status before day 60. On day 80, a new company offers you a job. The bridge petition connects the new H1B to the pending B2 application.
Scenario 2: Multiple Job Changes
You already have a pending H1B transfer, but receive another offer. The second employer files a new H1B petition that is “bridged” to the still-pending first one.
In both cases, your status is preserved only if the previous petitions are valid and still pending.
How to File a Bridge Petition
Step 1: Confirm There’s a Pending Petition
Ensure you’ve filed a previous USCIS petition (e.g., B2 or H1B) before the 60-day grace period ends. The bridge petition will rely on this pending status.
Step 2: Employer Files Form I-129
Your new employer must file an H1B petition using Form I-129 with a request to transfer your H1B status. The petition must reference the pending application and include a strong legal justification.
Step 3: Include Supporting Documents
Your employer and attorney should submit:
- Termination letter and last pay stubs
- Receipt notice of pending petition (Form I-797C)
- Passport and valid visa
- I-94 arrival/departure record
- Job offer letter and role description
- Degree certificates and resume
- Employer support letter and organizational information
Step 4: Attorney Explains Timeline
A detailed cover letter should include:
- Dates of job loss and grace period
- Petition filing timelines
- Reason for delay in new H1B filing
- Confirmation that you're in the U.S. and not employed during the pending period
Checklist: Documents for Bridge Petition
- Copy of previously filed Form I-539 or Form I-129
- Receipt notice of the pending petition
- Job offer letter from the new employer
- Completed and signed Form I-129
- Copy of current I-94
- Proof of last employment (e.g., pay stubs)
- Supporting evidence for qualifications and job duties
- Cover letter from the immigration attorney explaining the bridge
Risks Involved in Bridge Petitions
Bridge petitions carry risks, especially if USCIS denies one of the linked petitions. Here’s what to watch for:
Because the success of the new petition relies on the previous one, it’s important to consult an immigration attorney and ensure every filing is accurate and timely.
Also Read: Grace Periods After H1B Job Loss
How Bridge Petitions Apply across the U.S.
New Jersey
H1B workers in the staffing and pharma industries frequently use bridge petitions when project assignments shift or onboarding delays occur.
California
In Silicon Valley, tech workers affected by mass layoffs often secure new roles after their grace period. Bridge petitions help them transition smoothly without leaving the U.S.
Texas
Contract-based roles in cities like Dallas or Houston often require workers to rely on a pending change of status or earlier H1B transfer before filing a new petition.
Hyderabad
Bridge petitions only apply to individuals physically present in the U.S. at the time of filing. If you leave the U.S., the bridge strategy does not apply, and you’ll need consular processing.
Also Read: H1B Transfers and Extensions: What You Need to Know
Case Study:
Neeraj was laid off from a New Jersey-based IT firm and filed for a B2 visa on day 59. A new employer from Austin, Texas, offered him a role on day 75. They filed a bridge H1B petition on day 78, linking it to the pending B2. USCIS approved the petition, and Neeraj resumed work without ever having to leave the U.S.
FAQs: Bridge Petitions for H1B Status
Can I file a bridge petition after day 60?
Yes, but only if you have a pending petition filed before day 60. The new petition must reference that application.
Can I work while the bridge petition is pending?
No, unless the petition was filed within the grace period. Otherwise, you must wait for approval.
What if the pending B2 petition gets denied?
All petitions linked to it may also be denied. It’s critical to consult with an immigration attorney to assess your situation before proceeding.
Also Read: What should I do if I get laid off on an H1B visa?
Can I leave the country while a bridge petition is pending?
Leaving the U.S. may result in the petition being considered abandoned. In most cases, staying in the U.S. is essential for maintaining bridge petition eligibility.
A bridge petition allows H1B holders to preserve their status after a layoff by linking a new petition to a pending one (such as B2 or earlier H1B). It’s a complex process that must be timed precisely, with strong documentation and attorney oversight. It’s most useful when a new job offer arrives after the 60-day grace period ends.
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