H1B COE Petition Approved - Can i continue with my current employer


KMadhuCA

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Hi 

I am working with Company A, I797 is approved till Oct 2018 and have stamping based on same I797(Also I140). Now i got an offer with Company B and their H1B Transfer is also approved(They call it as COE, not sure what is the difference between regular H1 transfer and COE). Now, i changed my mind to continue at Company A.

Can i continue with Company A even though Company B has COE H1B approved petition?  

What is the difference between regular H1B transfer and COE?

Will there be any issue in future during renewals?

Can i travel to india and come back with Company A I797 in future?

Will there be any issue in Port Of Entry?

Thanks in advance.

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There is no such thing as a "COE" (I guess they mean change of employer), and technically, there is no such thing as an H1 transfer, either. It is always just a new, cap-exempt H1 petition. The only thing that a "transfer" allows is starting working for the new employer while the petition is pending.

You can continue with the old employer if you wish.

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15 hours ago, pontevecchio said:

Yes

A change of employer always involves a new non cap H1 petition

Why?

YES

No extra trouble because of B

 

Thank you very much pontevecchio and JoeF for your help.  

@pontevecchio - Sorry i didnt get what you are saying for third question.

I tried to ask : if Company A file any H1B renewal say oct 2018, do they need to be aware of Company B's petition details? Do i need to inform Current company now about Company B petition and situation before i decide continue with Company A?

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14 hours ago, JoeF said:

There is no such thing as a "COE" (I guess they mean change of employer), and technically, there is no such thing as an H1 transfer, either. It is always just a new, cap-exempt H1 petition. The only thing that a "transfer" allows is starting working for the new employer while the petition is pending.

You can continue with the old employer if you wish.

Thank you very much JoeF. :)

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