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  • H1B transfer simultaneously

    Hi Experts,
    I have 2 offers in hand. Company A is preparing for transferring the H1B. & company B has not started the process.

    Q1- after company A files for transfer, if the Company B files for transfer, Is there going to be an issue ? I'm interested in joining company B.

    Q2 - Do i need to ask company A to stop applying for transfer?

    Q3 - can the two companies file for transfer simultaneously.

    I'm confused what to do.Pls advise the best option.

  • #2
    Q1- after company A files for transfer, if the Company B files for transfer, Is there going to be an issue ?
    >>> No.

    Q2 - Do i need to ask company A to stop applying for transfer?
    >>> No.

    Q3 - can the two companies file for transfer simultaneously.
    >>> Yes. Upon approval of both the petitions, you get the option to choose the employer whom you want to work.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin.

      1- when the transfer from the two different companies are in process in normal processing mode, but I join the company B, Is there any risk involved ?

      2 - Do I need to tell company A to withdraw the petition ? will they get the money back ?

      Comment


      • #4
        1- when the transfer from the two different companies are in process in normal processing mode, but I join the company B, Is there any risk involved ?
        >>> No issues. However, it is advisable that you join either of these employers only after their successful petition approval. In case of a RFE or denial of transfer, you will end up in a messy situation.

        2 - Do I need to tell company A to withdraw the petition ?
        >>> That is your choice. It is better to inform them if you have decided not to join them.

        will they get the money back ?
        >>> No.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks Shervin.

          1- I can still work for the new employer even if i get a RFE in the visas transfer. Correct ?

          2- what are options available in case of transfer denial. Can you suggest?

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          • #6
            You can work for any employer who has an approved and valid or pending petition for you as long as your H1 I-94 remains valid.
            This is my opinion and not legal advice.

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            • #7
              I am in similar situation. How about H4. Will it a problem if both the companies apply for H4 at the same time?

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