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H1B transfer with muti employers

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  • H1B transfer with muti employers

    Hi

    My situation:
    I am currently under H4, I have an H1B cap(expire on 08/2017) which allows me to do H1B transfer.

    Company A has filed H1B transfer for my on 05/2017, the attorney misdirected us by telling me I can enroll by the time USCIS received my petition. Turns out I can not enroll until my case is approved since I am a H4, without the premium process it may take up to 4 months. It is a shock to me and my employer, although they said they will try their best to wait, things can change quickly.

    Now I have received an offer from Company B today, they are willing to file an H1B transfer for me and wait. If I accept their offer, they can probably send out my H1B petition around 07/2017

    Question:
    1)There is almost 2 months' filing time difference between A and B, if A gets approved first and my status is changed from H4 to H1B, what will happen to B's case, will it be withdrawn?
    2)I prefer to work for B but I also do not want A to revoke my case since if B gets denied for some reasons I have no backup plan(my H1B cap expire soon). What is the best option for me?

    Thank you!!

  • #2
    Originally posted by hope1207 View Post
    Hi

    My situation:
    I am currently under H4, I have an H1B cap(expire on 08/2017) which allows me to do H1B transfer.

    Company A has filed H1B transfer for my on 05/2017, the attorney misdirected us by telling me I can enroll by the time USCIS received my petition. Turns out I can not enroll until my case is approved since I am a H4, without the premium process it may take up to 4 months. It is a shock to me and my employer, although they said they will try their best to wait, things can change quickly.

    Now I have received an offer from Company B today, they are willing to file an H1B transfer for me and wait. If I accept their offer, they can probably send out my H1B petition around 07/2017

    Question:
    1)There is almost 2 months' filing time difference between A and B, if A gets approved first and my status is changed from H4 to H1B, what will happen to B's case, will it be withdrawn?
    2)I prefer to work for B but I also do not want A to revoke my case since if B gets denied for some reasons I have no backup plan(my H1B cap expire soon). What is the best option for me?

    Thank you!!
    1. Then you must start working for A as soon as their COS is approved. B's case will go on as normal, there may be an RFE in B's case asking you to prove you valid status , if at that time your COS to H1 for A has been approved, you would need to provide A's I797 as well as latest paystubs from A.

    2. Let A and B both file their petition, be prepared to work for the employer whose petition gets approved first.

    This is my opinion not legal advice.

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