H1 B Transfer to Two companies

[sbninja85]

I work for company " A" , H1 B is valid till Feb 2016. I transferred my h1b to company X and it is approved. Now I got a better offer from Y. But I should join X by April 1st (max by 2nd week) as it is approved while the new H1 B for Y is in process. Y will start the process next week

1) Can I transfer h1b from my current employer A to Y as I am still working with the current employer.

2) While H1B for Y is in process, Can I join X in April 1st week and then quit to join Y after the new H1 B is approved ? I dont want to deny joining company X just to be on the safer side (what if new h1b for Y is delayed or denied).

3) Do I have to make another transfer (X to Y) or let uscis know about X when I join Y or reenter USA with Y petition ?


I know this is not very professional. But I thought about it and I have to do this for my career. Either me or the company should get hurt ! So please respect my situation and provide suggestions

[raghvi]

I work for company " A" , H1 B is valid till Feb 2016. I transferred my h1b to company X and it is approved. Now I got a better offer from Y. But I should join X by April 1st (max by 2nd week) as it is approved while the new H1 B for Y is in process. Y will start the process next week

1) Can I transfer h1b from my current employer A to Y as I am still working with the current employer.

2) While H1B for Y is in process, Can I join X in April 1st week and then quit to join Y after the new H1 B is approved ? I dont want to deny joining company X just to be on the safer side (what if new h1b for Y is delayed or denied).

3) Do I have to make another transfer (X to Y) or let uscis know about X when I join Y or reenter USA with Y petition ?


I know this is not very professional. But I thought about it and I have to do this for my career. Either me or the company should get hurt ! So please respect my situation and provide suggestions

Technically you dont need to join Company X.
1. Yes.
2. If you join X then the transfer petition to Y would depend upon you showing prof of working for X.
3. IF you join X then yes you would have to do that.

If you dont join X and if you signed any contract with them you might be held liable for that.

This is my opinion not legal advice.

[sbninja85]

Why another transfer ?

Technically you dont need to join Company X.
1. Yes.
2. If you join X then the transfer petition to Y would depend upon you showing prof of working for X.
3. IF you join X then yes you would have to do that.

If you dont join X and if you signed any contract with them you might be held liable for that.

This is my opinion not legal advice.

I am filing the transfer from current employer A to Y before quitting.
When I quit A to join X, I will have X petition (already approved ) and Y petition in process based on my current employer A.

Should I transfer again from X to Y ?

I can take the chance of delaying my joining date for X or even not join X. But are there any chances of Y petition being denied or RFE because of two transfer petition back to back ?

[sbninja85]

Please let me know if anyone can validate the below is true ?



For example, where an alien had two petitions approved on his or her behalf, elected to take up employment with Employer A, but later became dissatisfied and switched to Employer B, no new or amended petition was required. Similarly, the Service has advised that, presuming both employers have petitions approved, an alien could take a 6-8 month leave of absence from Employer A to work for Employer B, and then resume working for Employer A without filing a new H1B visa petition. Nor was a new petition required when the beneficiary had switched back and forth between a parent company and its subsidiary, where both had approved H1B petitions.
In another case, the fact that the beneficiary was outside of the United States when the petition for Employer B was approved but was readmitted on the visa issued for Employer A (by whom the alien was at that time still employed), was not deemed a relevant factor.