H-1B transfer with multiple employers

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.

Hi @h1buser

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.

Hi @deb
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)?

Hi @deb

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.

Hi @h1buser

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.

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