visa transfer started but don't want to join

[pqpq0101]

Hi,

I find myself in a very tricky situation. I'm working for company A, and recently got an offer from company B (which has a 2 month notice clause in the employee agreement). Company B has filed (or will file tomorrow) the H1B transfer petition. However, I've come to know some nasty things about company B and don't want to change jobs now. I will certainly try to stop them from filing the petition, but can I, at this point, keep working for company A even if the transfer petition is filed/approved?

Thank you very much for your help.

[shervin143]

Yes. You can continue with Company A even if the transfer is already filed or if the transfer is approved. However, talk to Company B and stop the transfer process if they haven't filed it yet since there is a reasonable amount of money involved in filing an H1B petition.

[kabkaba]

'Transfer' is not actually a transfer. H1 employee can work for any employer who has an approved petition while he is in H1 status.