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Approval notice of EmployerA and work for EmployerB from Day1

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  • Approval notice of EmployerA and work for EmployerB from Day1

    Hi All!

    I have a valid H1B stamped with EmployerA and also have all supporting documents like approval notice, offer letter, etc..

    It has been 6 months that I got my visa but still my employer hasn't brought me in to USA even after I cleared a dozen interviews. My employer is greedy and has been delaying things by trying to quote discrepant rates before and after the interviews.

    My employer doesn't have any direct clients thus he asked me to upload my resume in different job portals (Dice, Monster, Indeed..) and I received numerous opportunities from different other companies. I did attend some interviews and got the confirmation emails and also the joining date was finalized but my employer is creating a mess from C2C perspective by quoting different rates before the interview and after the confirmation. For example, he quoted $60/Hr before interview and once I cleared the interview he demanded $85/Hr, which was far high from the margin of the other consulting firm that brought the opportunity. Now this has been the story for past 5 months and I have cleared almost a dozen interviews but things doesn't seem to be going my way.

    I was approached by other companyB who got me an interview and I cleared it and now they filed my H1B transfer and I got the transfer receipt number.

    My question is...

    Can I travel to USA with the valid visa and H1B approval notice from my current EmployerA, and start working from Day1 for companyB on the receipt number of the transfer petition?

    Or do I need to wait till I get the approval notice for EmpoyerB transfer petition and then only travel?

    I need urgent advise, quick reply is greatly appreciated. Thanks.

  • #2
    You cannot enter U.S with employer A's petition and start working for employer B. That is illegal. You need to wait for employer B's petition to get approved and then you can enter U.S with your existing H1B visa in the passport and employer B's petition and start working for employer B. From what you have described, employer A seems to be running a shady company. It is better you don't work for them. Companies like these can easily get you into a lot of trouble with USCIS in the future.
    Not a legal advice. Use of this information is strictly at your own risk.

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