H1B Visa : Is it compulsory to make entry in USA only through the H1B sponsor?

[algorithm_warrior]

Hello All,
this is my first post in this forum.
One company called ABC in New Jersy is offering me H1B, While I ma not sure if my H1B will get approved in lucky draw or not, but I have two questions.

1) What is H1B gets approved and I do not want to join, rather I prefer to stay in India, until I find a better Company say "XYZ".
If I get a job in "XYZ" Will I be able to transfer my H1B to "XYZ" and then enter USA and directly work for XYZ.

ABC is small company and obviously not paying well. I have still not seen the real contract on papers from ABC and not sure what are the clause that they may have.
can't I just pay them(ABC) off for their effort and money and end working relationship with them on good note?

2) I am currently holding an B1/B2 Visa valid uptill 2023, Will it still remain valid?


3) What if my current employer, who head quarter is based in USA, agrees to sponsor L1 for me( after I have H1B approval).
In first place will I be eligible to get L1 or my current employer in India will be treated liked XYZ in question 1) .

Thank you for your advise.

[raghvi]

Hello All,
this is my first post in this forum.
One company called ABC in New Jersy is offering me H1B, While I ma not sure if my H1B will get approved in lucky draw or not, but I have two questions.

1) What is H1B gets approved and I do not want to join, rather I prefer to stay in India, until I find a better Company say "XYZ".
If I get a job in "XYZ" Will I be able to transfer my H1B to "XYZ" and then enter USA and directly work for XYZ.

ABC is small company and obviously not paying well. I have still not seen the real contract on papers from ABC and not sure what are the clause that they may have.
can't I just pay them(ABC) off for their effort and money and end working relationship with them on good note?

2) I am currently holding an B1/B2 Visa valid uptill 2023, Will it still remain valid?


3) What if my current employer, who head quarter is based in USA, agrees to sponsor L1 for me( after I have H1B approval).
In first place will I be eligible to get L1 or my current employer in India will be treated liked XYZ in question 1) .

Thank you for your advise.

1. Yes you can if you have the receipt number/approval notice. The receipt number/approval notice will be proof that you were cap counted. With this proof any other employer can file a cap exempt petition for you. What many such "ABC" companies do is not to give you a receipt number/approval notice to prevent you from doing a transfer.
2. It most probably will still be active unless marked CWOP at the consulate when you go for H1/L1 interview.
3. L1 and H1 are independent. If current employer sponsors your L1, you can go ahead and attend the L1 interview OR as mentioned above, the current employer can initiate a "H1 transfer" by filing a cap exempt petition, if you have the receipt number/approval notice.

This is my opinion not legal advice.