I’m currently working for employer A. I have signed an offer with employer B who is planning to file for H-1B visa transfer petition soon. Yesterday, I got another offer from employer C. With that being said:
Can there be 2 separate transfer petitions filed by different employers (B and C) at the same time for the same H-1B candidate (me)?
If both petitions are approved, can I pick the employer (B or C) that I wish to work for?
Let’s say employer B petition is approved first and I continue to work at employer A. Would petition of employer C face any issues, as employer B petition would be approved?
Please let me know if I should be aware of any concerns. Thank you in advance.
Hi Anil, I have initiated two H1B transfer from company A to company B and company C before my I-94 expiry(expiry is on 01/08/2020) while company A extension was going on.Company B transfer was approved and company C transfer is in RFE. I have resigned from company A and joined company B. Company C is preparing for documentation to respond RFE which might take one month time and today company A informed USCIS to withdraw my petition.
Below are my questions as per above scenario.
- Do I need to update company C that I have joined company B( as my payroll is started in company B)before they respond to RFE. During H1B transfer in company C,I was with company A.
- Initial petition withdrawal by company A is going to create any problem company C transfer.
Please susggest me what I should do as I really wanted to join company C.
Hi Anil,Please help me for above query.
Multiple H1B can be filed. You can choose to join any company that you wish if both get approved.
All transfer petitions receive their own result without affecting each other unless you filed transfer after i94 expiry.
You should talk to company C and explain your situation. The RFE response can be written in a better way of they know all your current details.
Thanks Anil for the response.
Does company A petition withdrawal is going to cause any problem company C transfer(Initiated before I94)?
H1b withdrawal will not cause any issue as long you are maintaining your H1B status, which you are by working for company B.
Thanks for the info.Do I need to provide company B approval notice to company C while they respond to RFE(Initially it was filed with company A approval notice).Does company C has to know about company B approval?
Thank you Anil. When you say “transfer after I-94 expiry”, I’m guessing you are referring to the most recent I-94. Please confirm.
I have a I-797 approval which is valid until 2021 with employer A. That same I-797 approval notice has a I-94 section at the bottom with 2021 dates.
If you got this extension approval while you were working for that employer and it is the last action taken by you, then, yes, this i94 will counted as most recent.
Thank you for confirming. I appreciate your help.
Initial H1 - Expired: August 31,2019 with
Employer A and i94 expired on same date
New H1 was filed on June 2019, with Employer B on regular process and joined on receipt basis from August 2019, before i-94expired.
No rfe received till now. Having 2 paystubs with B.
New H1 will be filed by Employer C now and it will be in Premium.
- On what basis Employer C can file?as i94 expired. And can I join C?
- If approved from C and I start working with C, later a denial result with B effect my C approval? If so, what should we do.
- If petition denied with C, can I stay based on B’s petition, if I don’t join C?
- If I join C on receipt and petition is denied, can I still continue working on B’s receipt?
- What if I join C after approval?
Please help me with these .
Thank you in advance.
Employer C’s application will be a bridge petition.
Please read about the risks of H1B bridge petition here.
*** I-94 Expires on Oct-27-2020 *** of Employer-A and Extension Pending with USCIS
–Employer-A (Last working day Sep-30-2020, A h1b withdrawal application will be filed soon)
– Joining Employer-B On Oct-1-2020 (Transfer Receipt received on Sep-13-2020, will Start working from Oct-1-2010)
– Employer-C(Received Offer on Sep-22-2020 and H1B Will be filed by Oct-10-2020 in Premium Processing) And Employer-C as per their policy, doesn’t allow to Join until a Decision is made on my Transfer/Portability Petition.
i.e. Employer-C’s Petition will be filed before I-94 Expiry but after I had resigned from Employer-A and While working for Employer-B.
Question 1: - Will Employer B’s Petition become a Bridge Petition to Employer-C Petition?
Question 2: - Employer-C’s H1B Transfer/Portability Petition’s Adjudication Is it Dependent on Employer-B’s H1B Transfer Petition And/Or also Dependent on Employer-A’s Withdraw Application?
Question 3: - If Employer-C’s Premium Processing Petition is Adjudicated after I-94 Expiry (after Oct-27-2020), Will I get I-797 Approval WITHOUT I-94 because Employer-B’s Petition is Pending and also Employer-A might have submitted/processed Withdraw Application.
Is there any Possibility in my scenario to get a I-797 approval without I-94 for Employer-C?
Question 4: - After I-94 Expiry (after Oct-27-2020) at sometime, if Employer-B Transfer Petiton gets Denied but Employer-C’s Petition is Still Pending by that time - Will I be Out of Status Immediately ?
or because Employer-C Filed a Transfer/Portability petition before I-94 expiry, Will I be In-status still?
As I had mentioned employer-C will not allow to Join until a Decision is made on Petition
In this scenario, Can I stay in US with I-94 Expired and Employer-B’s Denial but Pending Employer-C Pending petition?
Thanks much for your help!
I am currently in company A, and got an offer from Company B who is filing for my H1-B transfer today or sometime this week.
Now, there is company C that is a much bigger company than Company B who showed interest in me…their role from Company C is also something that is more aligning to my next career goals… and I was thinking to go through the interview process with them for this reason.
The problem is I am only starting to start my conversation with Company C (this week) …so I believe by the time, my H1-B application is approved for Company B in about two weeks from today (fingers crossed), I might have an idea if I will get an offer from Company C or not.
Question 1: Considering if I do get the offer from Company C (fingers crossed again!), and if I like it more then if I skip joining Company B & join Company C instead, then do you think Company B can come back to me and take legal action to get their H1-B fees back?
This is something I am concerned about. I wanted to get clarity on this if I am to pursue the interview process with Company C with full energy.
Question 2: Secondly let’s say if I get the offer later i.e. let’s say I start my work in Company B and I get the offer from Company C in the early weeks of my starting in Company B…then can I still quit Company B and join Company C without any issue?
Question 3: Lastly, is it recommended to have approved H1-B from multiple companies in a short span of time? Can you please shed some light on these questions and any other tips on the multiple job offers - how you would handle?
Please read my answer above.