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  • H1B/LCA question

    Hi,

    I find myself in a very tricky situation. I'm working for company A, and recently got an offer from company B. 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?

    Please note that companies that two companies are in different states in the US. Does this mean the LCA for company A won't remain valid after the LCA filed by company B is approved? Do the rules change for different states - meaning does it matter which two states in the US we are talking about?

    Thank you very much for your help.
    Last edited by abcabc01; 04-14-2011, 11:59 AM.

  • #2
    I find myself in a very tricky situation. I'm working for company A, and recently got an offer from company B. 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?
    >>> Yes, you can continue to work for Company A.

    Please note that companies that two companies are in different states in the US. Does this mean the LCA for company A won't remain valid after the LCA filed by company B is approved? Do the rules change for different states - meaning does it matter which two states in the US we are talking about?
    >>> As long as company A's petition and LCA and valid, you can continue to work for Company A. If you won;t be working for Company B, then you can just ignore their LCA and petition. However, these days it costs a lot to file a new H1B petition for an individual. So be a better person and inform Company B well in advance that you no longer like to join them so that they don't go through the hassle of filing a new petition and spending a considerable amount of money for nothing.
    Not a legal advice. Use of this information is strictly at your own risk.

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