H1B transfer to new employer B, but want to continue working for current employer A

[amun]

Hi, I currently have an H1B visa (expiry 2020) and an approved I-140 from Employer A.

I have also received an H1B approval from a new employer B and during the filing they filed for an extension of the H1B visa for another 3 years (2022 expiry).

However now I want to continue working for employer A and NOT join B.

Questions:

How to go about letting employer B know that i don't want to join them?

What will Employer B do with my approved H1B visa?

What will be the impact on my current H1B and I-140 from Employer A? 

When Employer A files for my H1B extension in 2020 will there be any issues?

 

 

[User099]

If you have not joined Emp B, then its no issues. You can let Emp B know that you are not accepting their offer in a email and will not be joining them. 

Emp B may choose to withdraw the application.

It will not have any impact on Emp A's H1B and I140.

No issues. 

[pontevecchio]

1. Inform them. 

2. They will revoke the petition

3. None

4. None because of this situation.

[JoeF]

1 hour ago, User099 said:

Emp B may choose to withdraw the application.

They are required by law to inform USCIS, and the H1 will be revoked. There is no "choose".

[User099]

12 minutes ago, JoeF said:

They are required by law to inform USCIS, and the H1 will be revoked. There is no "choose".

I know its required by law to do it. But do you know for sure that they will do it?

[amun]

Thanks for the responses. So Even if Employer B revokes the petition at this time, Employer A's petition will still remain valid and won't impact any other future employment in the future (including Employer A and Employer B) right?

[pontevecchio]

Correct.

[JoeF]

4 hours ago, User099 said:

I know its required by law to do it. But do you know for sure that they will do it?

If they don't they would have to pay the salary. No sane company would want to pay a salary to somebody who isn't working there.

[osman]

Hi,

I am currently working for an employer A and got an offer from employer B. The employer B is working on my H1B transfer, if my H1B is transferred to employer B, can i still work for employer A concurrently or will my H1B with employer A no longer be valid after transfer.

What will happened if i work for both simultaneously, please advise.