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Change of Employment after/near H1B expiration
Hello,
I'm working for company A for the past 4 years. I have an I-140 approved with them. I have completed duration of job contract (H1B agreement duration) with them. My H1B and I-95 is expiring on 08/30/2018. I got a good offer from company B. They filed H1B petition with premium processing in June 2018 but I received an RFE. I wanted to get my petition with company B approved by USCIS before I give resignation to company A. But now the situation has changed as my Visa expiration date has approached near. Company A wants to start H1B filing work ASAP as they are unaware of my petition with company B.
I can't say no to company A at this point of time as I'm not fully sure for the approval of H1B petition with company B. So, there are a couple of different scenarios that I have in my mind.
A. Let's say I keep working with company A hoping that I'll get my petition filed with them before 30th August 2018. I get a petition with company B approved after 30th August 2018. Will I be able to join them directly or I have to wait to get a petition with company A approved to maintain H1B bridge?
B. I give resignation to company A and start working for company B based on H1B petition submission receipt (not approval receipt). Of course, my employment will be cancelled with company A. My petition with company B gets approved after 30th August 2018. Will I have to go to my home country for visa stamping?
C. If I continue working with company A as I can do it on H1B petition receipt. Later, my petition with company B gets approved. In that case, I have to say no to one company. Can that company sue me for H1B filing expenses?, even though I haven't signed any contract. (I didn't want this but I got in this predicament as company B took too long to file H1B).
I'm working for company A for the past 4 years. I have an I-140 approved with them. I have completed duration of job contract (H1B agreement duration) with them. My H1B and I-95 is expiring on 08/30/2018. I got a good offer from company B. They filed H1B petition with premium processing in June 2018 but I received an RFE. I wanted to get my petition with company B approved by USCIS before I give resignation to company A. But now the situation has changed as my Visa expiration date has approached near. Company A wants to start H1B filing work ASAP as they are unaware of my petition with company B.
I can't say no to company A at this point of time as I'm not fully sure for the approval of H1B petition with company B. So, there are a couple of different scenarios that I have in my mind.
A. Let's say I keep working with company A hoping that I'll get my petition filed with them before 30th August 2018. I get a petition with company B approved after 30th August 2018. Will I be able to join them directly or I have to wait to get a petition with company A approved to maintain H1B bridge?
B. I give resignation to company A and start working for company B based on H1B petition submission receipt (not approval receipt). Of course, my employment will be cancelled with company A. My petition with company B gets approved after 30th August 2018. Will I have to go to my home country for visa stamping?
C. If I continue working with company A as I can do it on H1B petition receipt. Later, my petition with company B gets approved. In that case, I have to say no to one company. Can that company sue me for H1B filing expenses?, even though I haven't signed any contract. (I didn't want this but I got in this predicament as company B took too long to file H1B).
