H1B & H4 : Transfer to New Employer

[ramanpreetji]

Hi There 

 

I have got offer from a new employer and they need my H1B documents to start the transfer process for me and my H4 Dependents. I have not yet resigned from my first employer.

I have some doubts in my mind and need a quick help. Please help. 

 

 My new employer has asked for my I 94, I747, Passport copies and my educational Documents with all old work experiences.

 

1) What will happen if my H1B Transfer is started or completed and later I decide not to Join. Would I be able to work for my existing employee. what would be implications of not joining. 

 

2) Will my existing employer would get to know about the H1B transfer process that would be going on after I provide the documents and what can be implications in this case. 

 

3) Is H4 Transfer is equally important as H1B and treated equally. 

 

4) what if I join the New company and later after some time I plan to leave that and join any other company would that make a difference H1B history or Green Card application later when I apply. 

 

Please help me in clearing these doubts. 

 

Regards

Aman

 

 

[jairichi]

1. Yes, you are fine to stay back with old employer. You might be sued for damages for not joining new employer if you have signed anything to that effect.

2. No.

3. Both are same. A transfer is nothing but a new H1B petition that is cap exempt.

4. No issue.