H1B transfer when previous transfer pending

[mitforum]

Hello Experts,
I have a offer from company A & planning to join them & they will be filing for H1B transfer in normal processing mode, which will take may be 3 months or more.

Q- If I get a offer from company B, after joining the company A, Can I join company B, though transfer to company A is still in process ?

If yes, how the transfer to company B is going to take place. Pls advise.


thank you.

[shervin143]

Possible. Company C will need to file an H1B using the CAP from your existing H1B. You can join them upon receiving the receipt notice. However, it is advisable that you join any new employer only upon a successful H1B transfer to avoid unnecessary complication in case of rejection.

[mitforum]

Hi Shervin,
you mean, I can transfer to company B, after joining Company A though the transfer to comp A is in process..right? the CAP from my current employer( not comp A) can be utilised ?

I have offers from MNC's. is there chance of transfer rejection ?

pls advise....

[shervin143]

I meant that you can initiate two or more parallel transfers from documents from your existing employer. When that gets approved, you can start working for any one of them. If you are already with employer A, then you need to submit the documents from employer A while filing the transfer to B (receipt notice, pay slips etc from employer A).

Just because a petition is filed by an MNC, it doesn't mean that USCIS will have to blindly approve it. There are always chances of rejection and that is why it is advisable that you join them only after the petition gets approved.