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Continue with current employer even after H1B transfer approval/rejections?

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  • Continue with current employer even after H1B transfer approval/rejections?

    Hi,
    I am currently working in India for company A. Company A had applied H1B in the year 2015 and got visa in Feb 2016. I did not travel to USA because of some personal issues. Now I have got one more offer from Company B. Company B has initiated transfer of H1B while I am in Company A in India. I am in Company A but planning to leave Company A soon.

    -What will happen if H1 transfer fails. Can I still continue Company A without informing Company A regarding my transfer failure to Company B?
    -What will happen if transfer approved. Can I still continue Company A instead of Company B without informing Company A regarding my transfer approval to Company B?
    -What will happen if transfer is taking time and I have to take decision. Can I join Company A without waiting for H1B transfer?
    -If I join Company A, will this impact on GC?

    I am really in trouble. I need experienced persons advise on this. Please help and share your experiences if you or your friends have gone through the same situation as me.

    Note: I have never traveled to USA.

  • #2
    Originally posted by niteshd View Post
    Hi,
    I am currently working in India for company A. Company A had applied H1B in the year 2015 and got visa in Feb 2016. I did not travel to USA because of some personal issues. Now I have got one more offer from Company B. Company B has initiated transfer of H1B while I am in Company A in India. I am in Company A but planning to leave Company A soon.

    -What will happen if H1 transfer fails. Can I still continue Company A without informing Company A regarding my transfer failure to Company B?
    -What will happen if transfer approved. Can I still continue Company A instead of Company B without informing Company A regarding my transfer approval to Company B?
    -What will happen if transfer is taking time and I have to take decision. Can I join Company A without waiting for H1B transfer?
    -If I join Company A, will this impact on GC?

    I am really in trouble. I need experienced persons advise on this. Please help and share your experiences if you or your friends have gone through the same situation as me.

    Note: I have never traveled to USA.
    - Yes you can work with A in India. As for US, you can join only till Feb 2016, post that A needs to file fresh petition(which can be cap exempt)and you need to get a new visa.
    - Yes you can work with A in India.As for US, you can join only till Feb 2016, post that A needs to file fresh petition(which can be cap exempt)and you need to get a new visa.
    - Join in US? Yes, you can only till Feb 2016. Post that A needs to file fresh petition(which can be cap exempt)and you need to get a new visa.
    - Dont see why it would.

    Both A's and B's petition are two separate processes.

    This is my opinion not legal advice.

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