H1 Transfer

[madhu78]

Hi,
I would appreciate if someone can help me on the tricky situation I'm caught in.

I quit company A and joined company B 20 days back and I did receive two weeks pay. As, company B have applied for H1 B transfer through normal process it takes atleast 2months to get approved. Now, I got a call from Company A saying that they still hold my H1B and have an opening for me.
Is it legally possible for me to go join the company A? if so, what should be done? Please do let me know if anyone has experienced the same.

[txh1b]

Yes, it is possible. Make up your mind on who you want to be with and think about quitting running around companies for a few $ higher billing rate.

[madhu78]

Thank you! It is not because of the $ I will be leaving, I have some personal reason to do so. My company B is not ready for premium processing, I shd goto India this month end coz of some family problems. So i thought it would better i go back to my previous employer, as there won't be H1b issue.

I can just quit company B and go back to comapany A, correct? does comapny B need to cancel my H1 transfer or how is it?

[txh1b]

Company B need not do anything. What they do is their choice. You would however run the risk of unauthorized employment for company B if they withdraw or do not answer any RFEs and the end result is a denial of that H1b.

You can go back to A as long as they have not revoked the H1b. They also have to pay you for those two weeks if you want everything in perfect order in the books.

[madhu78]

Thank you! Should I resign company B and go join or i can just walk away without informing them.

[txh1b]

I am done with this thread. Rest is your choice. How could you think of just walking away from an employer? Isn't this a professional job where you follow some professional etiquette?

[madhu78]

Thanks Txh1B!

I know it won't be good on anyone's face to just walk away, some of my friends said that company B may create some problems if i tell them. So i just wanted take the opinion from this forum. Anyways's I'm not going to just walk away without informing them.

Thanks for all the help!