petitioner threatening to withdraw

[threatened]

Employer A petitioned for H1b but is in pending status. Employer A/employee contract almost finished and Employer A is under the impression that employee is going to continue with the client. Upon knowledge of Employer A that employee is going to transfer to Employer B, Employer A threatened to withdraw petition even with the petition pending even if employee asked permission from client and was approved to transfer to employer B. Employer A received everything to accelerate the process which is the premium processing fee and the required RFE before the end of contract day. Pls take note the transfer to employer B is after the end of contract and the threat for withdrawal is only if employee transferred to employer B and not if employee stay with the client. pls advise what to do with employer A.

[txh1b]

H1b is employer's petition and they are free to do whatever with it.

[chander_77]

Why the petition was filed from Employer A when you had to transfer to Employer B? Before few months of expiry, you could get it transfer through B if all other things including Client->Vendor->Employer B contract was in place. Now you can still go ahead with new petition from Employer B with all docs provided to him and let Employer A petition pending. discuss with Emp B attorney how previous petition from Emp A can be revoked or cancelled. I am assuming once you get H1B approved from Employer B, petition from employer A will always be pending and later Emp A will have to revoke it as now days INS is enquiring cos who has H1 on record but dont found LCA or pay records against those H1B petitions. so employer has to revoke it if beneficiary is not working for him.

[chander_77]

Continue to prev comment-

I noticed you had contract with Emp A so now as contract is over you were trying to switch. Well I think such things should be discourage in between of project and first focus should be on getting H1b renewed. Then after 2-3 mo when thing get cool with Emp A, you could ask Emp B to transfer.
Any now I think you can go with option I suggested but that needs to discussed with attorney as you prev I-797 is expired and one H1B case is pending.