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  • Need urgent advice on my situation

    Hi,

    I have H1B stamping done in my passport but haven't travelled to US yet as my petitioner (say employer A) has not asked me to board in US yet. I haven't joined employer A yet.

    I have got an offer from another US based employer B who has initiated my H1B transfer.
    Now the employer A who was my petitioner wants me to join US asap.
    My questions are as follows:
    What are the choices I have.
    1.Can i join A who is my real petitioner or my petition from A will become invalid as my H1B transfer is initiated by employer B.
    2.If my H1B transfer process is pending with USCIS, does employer A has the power to revoke my petition (as he is my primary petitioner)
    3. Will I face any problem at Port of Entry since the officials will be aware of my H1B transfer and will there be any questions from them if I join Employer A. (Only if I could join even after H1B transfer )
    4 Are there any chance of Employer A being known of my h1b transfer

    Advice on this would be really helpful.

    Thank you.

  • #2
    1.Can i join A who is my real petitioner or my petition from A will become invalid as my H1B transfer is initiated by employer B.
    >>> There is technically no such thing as transfer. "Transfer" is a relative term used. You can join employer A and work for them. If employer B's petition gets approved later when you are in U.S working for A, then you havethe option to join B by just leaving the country and re-entering using B's petition.

    2.If my H1B transfer process is pending with USCIS, does employer A has the power to revoke my petition (as he is my primary petitioner)
    >>> They can withdraw your petition that is filed by them. Which means, you can no longer work for A. But that will not have any impact on B's petition or any other future petitions that you will file. You just cannot work for that employer anymore since their petition is withdrawn. That's all.

    3. Will I face any problem at Port of Entry since the officials will be aware of my H1B transfer and will there be any questions from them if I join Employer A. (Only if I could join even after H1B transfer )
    >>> There will be no issue.

    4 Are there any chance of Employer A being known of my h1b transfer
    >>> Not unless you tell them.
    Not a legal advice. Use of this information is strictly at your own risk.

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