What happens if I get another offer when my H1 is in progress?

[insecticide007]

I have an offer from a small firm and they will file my H1 on April 1st. I will be joining this firm towards end of March if I don't get any offer from the other more exciting companies.

There is a possibility that I may get an offer from some of these in-progress companies after I join this small firm. In that case, can I leave this firm and join the other firm? How will the H1 process work in such a scenario?

Any help would be highly appreciated.

[shervin143]

Yes you can. The new company will need to file a H1B transfer.

[insecticide007]

Hi,

Thank you for your reply!

Will there be a period in between when I cannot shift? If the H1 is filed on April 1st and the new offer asks me to join on April 15th, how will they file for a transfer since my H1 has not yet been approved.

[shervin143]

Your post is not very clear. What is your current immigration status? If you are not in H1B, then how can you join the company in March? You have mentioned that your new company will file for the H1B only in April (Is that a fresh H1B?). In which case, in what status are you joining them? H1B transfer is not possible if you don't have an existing H1B. However two or more companies can file fresh H1B's on your behalf and you can decide which company to work when they get approved.

If you want more details, ask more specific questions.

[insecticide007]

Hi,

Thanks again for your reply. Apologies for not mentioning my current status.

I am currently on OPT, my OPT started from Feb 1st, 2010. When I join this firm towards March end they will file my H1.
So following could be my scenario:

1. I am on OPT
2. My new employer (a small firm, not a very exciting offer) files H1 on April 1st.
3. Around April 15th I get another offer (interviews done/in progress with few big firms)

Will I have to wait until my H1 is approved to join the new firm? If I need to wait, how long?

Thanks again for your help!

[sk4ih]

You can work on H1 only from Oct 1st.
Before that you can join any number of employers on OPT.

Each employer can file H1 separately. No issues.
After approval of one also, you can transfer to new employer.