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Decline offer after H1 transfer

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  • Decline offer after H1 transfer

    I work in company A and received an oral offer from company B. I provided all my h1 related documents and paystubs for background check. After 3 months the company had not filed for H1 transfer nor given me an official offer letter nor have I signed any document accepting employment.

    I now have some good opportunities in company A itself. I received an email after several months that company B has now filed for H1 transfer. I have two questions

    1. Can company B legally file for H1 transfer without an offer letter/employment contract signed by me? I was foolish enough to give them all other H1 documents.

    2. Can I decline the offer if needed after H1 transfer and stay in my current company itself? Will this affect any future green card filing with company A?

  • #2
    Transfer is not really a transfer. You can continue with A as long as A's petition and corresponding I-94 remain valid. The result of B's petition is irrelevant. Although it is good to tell them that you don't intend to join since it is a significant cost for them.
    This is my opinion and not legal advice.

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