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Withdraw H1 transfer petition

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  • Withdraw H1 transfer petition

    Dear friends. I'm currently working for CompanyA. Due to heavy downsizing, I had applied for CompanyB and got selected for the job. CompanyB has applied for "H1 visa transfer". USCIS has confirmed receipt on Jan 21st. CompanyB, contrary to agreement, is now asking me to give notice to CompanyA. (Previous agreement was that I would wait until transfer process was complete and then give notice). Now they're are threatening to withdraw the H1 if I don't start working for them already.

    I'd really appreciate a lot if anybody can assist with my inquiries:
    Q. Can I file for withdrawl, instead of CompanyB
    Q. If no, and I have CompanyB, submit the withdrawal notice, and it reaches USCIS after visa is approved, what are my options

    Thanks.

  • #2
    Originally posted by imm_user_v View Post
    Dear friends. I'm currently working for CompanyA. Due to heavy downsizing, I had applied for CompanyB and got selected for the job. CompanyB has applied for "H1 visa transfer". USCIS has confirmed receipt on Jan 21st. CompanyB, contrary to agreement, is now asking me to give notice to CompanyA. (Previous agreement was that I would wait until transfer process was complete and then give notice). Now they're are threatening to withdraw the H1 if I don't start working for them already.

    I'd really appreciate a lot if anybody can assist with my inquiries:
    Q. Can I file for withdrawl, instead of CompanyB
    Q. If no, and I have CompanyB, submit the withdrawal notice, and it reaches USCIS after visa is approved, what are my options

    Thanks.
    Its company B's petition so you cannot unilaterally withdraw it, the company has to do it. With that said, employment is at will too, so if your I94 is valid with company A , you can continue working with them, employer B cannot force you to join them.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Its company B's petition so you cannot unilaterally withdraw it, the company has to do it. With that said, employment is at will too, so if your I94 is valid with company A , you can continue working with them, employer B cannot force you to join them.

      This is my opinion not legal advice.
      Thanks raghvi. Appreciate the prompt response. And yes, I agree to what you're saying. I'm finding it hard to work for somebody who can use this delicate situation against me. Wish me luck. Good to have known you.

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