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URGENT: H1-B visa transfer dilemma – Please advise!

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  • URGENT: H1-B visa transfer dilemma – Please advise!

    Hi,

    I am in an intriguing situation and would really need some legal advice in this regard.

    I had a job offer from a company, let’s call it comp1, which I have accepted and they have started my H-1B visa transfer from my current employer’s name to theirs. The visa transfer should be completed in a day or two. I haven’t joined comp1 yet. Now, I have received another offer from a different company, let’s call it comp2, and due to personal circumstances I really want to accept comp2's offer. I would like to understand what the legal implications of this are.

    - If I accept comp2’s offer, does comp2 need to transfer my H-1B from comp1 or does it need to transfer from my current employer? I mean can comp2 not do visa transfer directly from my current company as I haven’t started working at comp1 yet?
    - Does comp2 need to know that I have a visa transfer to comp1's name currently in process?
    - Can comp1 create any legal difficulties for me if I accept comp2’s offer and join them instead as comp1 will have my H-1B visa transferred under their name very soon?
    - Do I need paystubs from comp1 if comp2 needs to transfer my H-1B visa under their name? If so, I don’t have any as I haven’t started working at comp1 yet.
    - What other things do I need to be aware of?

    Please help!

    Thanks!
    Seema
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