H1b transfer Query

[get2ps29]

Hi Saurabh
I was having H1b filed with a company A and recieved petition from employer A. Now I transferred my Visa to Company B and that got approved. As I am not in US and I haven’t joined company A till now and not worked for them yet.So , Now I have 1797 from both the companies.

1) So do I have to inform my first employer and submit the I797 to them or what is the right way.

2) If I dont need to return the same. Can I keep it for future. After joining company B and if I didn’t like it can I go back to Company A without filing new petition?

3) Or my first petition automatically gets void

Please suggest

[shervin143]

1) So do I have to inform my first employer and submit the I797 to them or what is the right way.
>>> If you have no intention of working for employer A, the inform them and they will send a letter to USCIS to revoke that petition.

2) If I dont need to return the same. Can I keep it for future.
>>> You can keep the approval notice with you. You don't have to return it back to the employer. A copy of the approval notice is enough to revoke the petition.

After joining company B and if I didn’t like it can I go back to Company A without filing new petition?
>>> It doesn't work that way. If you enter U.S with employer B's petition then you should work for employer B as the I-94 that you will get at the POE will be associated to employer B's petition. If you want to work for employer A without leaving U.S, then a H1B transfer need to be filed from B to A. Alternatively, you can leave the country and return back on employer A's petition, which will get you an I-94 at the POE associated with employer A.

3) Or my first petition automatically gets void
>>> Petition will remain valid unless revoked by the employer. But you cannot just like that go back and work for employer A. Read the above answer.