Changing Employer while H1B is pending


NP2020

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Company A H1B (& I94) is valid till Dec 2018. I moved from Company A to Company B. I joined company B based on the H1B receipt and as of today application is pending approval.

I am not sure if Company A has revoked my approved H1B.

While company B H1B is pending approval, Can I join Company C? Is it legal, if yes, how risky would that be?  

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1 hour ago, NP2020 said:

Company A H1B (& I94) is valid till Dec 2018. I moved from Company A to Company B. I joined company B based on the H1B receipt and as of today application is pending approval.

I am not sure if Company A has revoked my approved H1B.

While company B H1B is pending approval, Can I join Company C? Is it legal, if yes, how risky would that be?  

If the Company C has an approved LCA for you AND have Receipt for your application - you can join C.

In the event you get approval notice from B and You want to continue at C - Notify B and they will follow the legal process.

Joining on "Receipt" is always a RISK because your application may be "Denied" putting your status in jeopardy.

No company wishes to file "Revoke H1B" because of numerous after effects and possible impact on future H1Bs that they file. It's a fear we have in mind but companies hate to follow that process.

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On 2/23/2018 at 10:21 AM, NotAnAttorney said:

It should be okay, unless you have any agreements with B.

I dont have agreements.

For transfer to Company C, do they need H1B approval from company A or H1B APPLIED (but NOT approved) notice from company B

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On 3/1/2018 at 11:03 PM, NP2020 said:

I dont have agreements.

For transfer to Company C, do they need H1B approval from company A or H1B APPLIED (but NOT approved) notice from company B

If your Employer B petition is pending, I-797 notice of approval from Employer A is the right document.

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