H1 transfer while H1 is in process - URGENT - Please respond

[sohail9289]

Hello All

I am currently an F1 student in United States pursuing Masters and will be graduating in June 2014. I have a job offer from company X whose date of joining is in July '14. The company applied for my H-1b visa this April 2014 and my case has been picked up in the lottery system and is under processing for further steps. I have a valid receipt number for the h-1 filed.

Meanwhile, I interviewed with company Y and I am getting a better offer and a better profile. Can I join company Y under such circumstances without even joining company X ? Once the h-1 has been filed by company X, do I have join only company X ? The company Y is also a big firm and sponsors a lot. Can they do anything in my case ?

I also have applied for OPT which will be starting July 1st 2014.

Please advise, it is very urgent. Thanks

[raghvi]

Hello All

I am currently an F1 student in United States pursuing Masters and will be graduating in June 2014. I have a job offer from company X whose date of joining is in July '14. The company applied for my H-1b visa this April 2014 and my case has been picked up in the lottery system and is under processing for further steps. I have a valid receipt number for the h-1 filed.

Meanwhile, I interviewed with company Y and I am getting a better offer and a better profile. Can I join company Y under such circumstances without even joining company X ? Once the h-1 has been filed by company X, do I have join only company X ? The company Y is also a big firm and sponsors a lot. Can they do anything in my case ?

I also have applied for OPT which will be starting July 1st 2014.

Please advise, it is very urgent. Thanks

Yes, you can do a transfer to Y without joining X but make sure the transfer to Y is approved prior to start date of X's H1 status.

This is my opinion not legal advice.