Employer change during initial H1B processing.

[Shubham Goel]

The situation:
I am on F1 Visa and I am yet to start my employment with company A. My date of joining with company A is June 15 and my OPT will start from the same date. Company A has filed my H1B Visa under normal cap on April 1st, 2015. I am expecting the results of lottery in 20 days. However, today I got another offer from company B and want to join it. It's starting date is also June 15. Company B can't file my H1B now. I have not informed company A that I am planning to reject their offer yet.

Now my queries are as follows:
Q) It is possible that I wait until lottery results are out and if my case is picked, my Visa file is transferred from Company A to company B?

Q) In case my lottery is picked, would there be any legal obligations to join company A only?

[raghvi]

The situation:
I am on F1 Visa and I am yet to start my employment with company A. My date of joining with company A is June 15 and my OPT will start from the same date. Company A has filed my H1B Visa under normal cap on April 1st, 2015. I am expecting the results of lottery in 20 days. However, today I got another offer from company B and want to join it. It's starting date is also June 15. Company B can't file my H1B now. I have not informed company A that I am planning to reject their offer yet.

Now my queries are as follows:
Q) It is possible that I wait until lottery results are out and if my case is picked, my Visa file is transferred from Company A to company B?

Q) In case my lottery is picked, would there be any legal obligations to join company A only?

1. The "transfer" as per se can only happen if A's petition is approved. Once A's petition is approved, you can give it to B to file a cap exempt petition, and it would have to be done and approved before 01-Oct-2015 if A's petition has been filed as COS.

2. Depends what you have signed up in the employment letter with A.

This is my opinion not legal advice.