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Hello everyone. I have my H1 visa approved with my current employer "A" up to 2017. I accepted an offer with employer "B" 21 days ago. My LCA was received by "B" 13 days ago and my new H1B petition with "B" (some call it H1B transfer) was going to be initiated 10 days ago. I have not received any case # or receipt # yet, after which I could have told "A" that I will be leaving after serving a 2 week notice. This is not a concern since I am expecting an offer from "C".
1.) Since my current employer "A" doesn't even know about "B" filing for a new H1B petition (Because I haven't resigned yet), even after "B"'s H1B petition gets an approval, I can still continue work with "A", as if "B" never filed for one. There is no concern in the offer letter I signed with "B", so I am not worried about rejecting "B"'s offer. So if I get an offer from "C" and they file a new petition, I can tell "B" that I have changed my mind and will continue to work with "A". And once "C" gets an approval for H1B petition, I can resign from "A". Is this correct? I have seen cases like mine but for the sake of sanity can someone share their experiences/opinions or things I need to be worried about?
If the above question does not make sense,
2.) Assuming I get an offer from "C" in 4 days from today (a Thursday) i.e., on coming Monday, and say it takes me till next Friday to accept the offer, send all documents, do background and medical screening etc., is there a way that I can stall "B" till "C" files for another H1 petition and gets it approved? I mean, is there an issue about the joining date with "B" that I have to obey once "B"'s petitions is approved? I do not want to resign from "A" until "C" gets it's petition approved or at least initiated.
Just wanted to be prepared. Appreciate your non-legal suggestions/opinions.
1.) Since my current employer "A" doesn't even know about "B" filing for a new H1B petition (Because I haven't resigned yet), even after "B"'s H1B petition gets an approval, I can still continue work with "A", as if "B" never filed for one. There is no concern in the offer letter I signed with "B", so I am not worried about rejecting "B"'s offer. So if I get an offer from "C" and they file a new petition, I can tell "B" that I have changed my mind and will continue to work with "A". And once "C" gets an approval for H1B petition, I can resign from "A". Is this correct? I have seen cases like mine but for the sake of sanity can someone share their experiences/opinions or things I need to be worried about?
If the above question does not make sense,
2.) Assuming I get an offer from "C" in 4 days from today (a Thursday) i.e., on coming Monday, and say it takes me till next Friday to accept the offer, send all documents, do background and medical screening etc., is there a way that I can stall "B" till "C" files for another H1 petition and gets it approved? I mean, is there an issue about the joining date with "B" that I have to obey once "B"'s petitions is approved? I do not want to resign from "A" until "C" gets it's petition approved or at least initiated.
Just wanted to be prepared. Appreciate your non-legal suggestions/opinions.
