H-1B Transfer + LCA Question

[dpaa]

Hi,

I am currently working in a company ABC on a H-1b visa (from ABC, which I already have stamped in my passport).

I had an offer from company XYZ a month back. But, since I have to travel to India in December, I had asked them to wait on the H-1b transfer process, as I didn't want that to be pending while I was traveling. However, they had filed the LCA and have all the paperwork ready so that they can file the transfer as soon as I come back. (Note: They haven't started the h-1b transfer process yet.)

Now, I have a better offer from another company DEF. I want DEF to follow the same process by filing the LCA and have the paperwork ready so that they can transfer my visa after I come back.

My questions:

1. Since I have signed the offer letter with XYZ, is it going to be an issue when I decline the offer now?
2. Since XYZ has already filed my LCA, is it going to be an issue when DEF files for my LCA?
3. Is it okay if multiple companies file LCAs when I am traveling?

Thank you!

[kabkaba]

Hi,

I am currently working in a company ABC on a H-1b visa (from ABC, which I already have stamped in my passport).

I had an offer from company XYZ a month back. But, since I have to travel to India in December, I had asked them to wait on the H-1b transfer process, as I didn't want that to be pending while I was traveling. However, they had filed the LCA and have all the paperwork ready so that they can file the transfer as soon as I come back. (Note: They haven't started the h-1b transfer process yet.)

Now, I have a better offer from another company DEF. I want DEF to follow the same process by filing the LCA and have the paperwork ready so that they can transfer my visa after I come back.

My questions:

1. Since I have signed the offer letter with XYZ, is it going to be an issue when I decline the offer now? -- If signing the offer letter constitutes a contract, XYZ may be able to sue you, but only a labor lawyer in your state can tell. It will make no difference to the petition filed by DEF.
2. Since XYZ has already filed my LCA, is it going to be an issue when DEF files for my LCA? -- It will make no difference.
3. Is it okay if multiple companies file LCAs when I am traveling? --There are some complications possible. It depends on timing your travel, petition approval and joining date.


Thank you!

See above.

[hawkeye13]

Is it okay if multiple companies file LCAs when I am traveling? --There are some complications possible. It depends on timing your travel, petition approval and joining date.

@Kabkaba
Can you please elaborate ?

[kabkaba]

It is okay if it is just LCA. If petition is filed while you are abroad or if it gets approved while you are abroad, there may be complications. What are you planning to do? Most importantly when will you be joining the new employer?