Work for current employer (A) after H1B transfer approved for employer B & employer C

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I am in a critical situation atm. I am on H1B with current employer (A) valid till 2023. I recently got two H1B transfers approved for employer B and employer C.

Employer B has I-797A and I-94 starting from Aug 3, 2021 and offer letter has anticipated start date of August 15, 2021. This employer is okay with me joining them on Sept 15, 2021. 

Employer C has I-797A and I-94 starting from Aug 17, 2021 and offer letter has start date of August 17, 2021. This employer is telling me that I am his employee now and start working for him from Sept 1.

For both the employers B and C, I have only signed offer letters prior to applying for h1b transfer. I have not yet signed W-4 (payroll) and other documents to start the job. So I am not under their payroll.

Due to family issues, I do not want to join employer B and C. I still want to continue working for my current employer A.

My questions are:

Am I legally an employee of employer B or C, since the I-797A and I94 dates are already initiated? Whose employee am I at the moment?

Can I inform both the employers B and C that I do not want to start working for them and continue working for my current employer A?

Does my I797A and I94 for my current employer gets discontinued or invalid, since I have two new I94s with the start dates of Aug 3 and Aug 17? 

What should I do as my next step? Please help. This is time sensitive and urgent. I appreciate your inputs.



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  • 2 months later...

You can continue with employer A

Let employers B & C know so that they can revoke their petitions.

But do keep in mind that employer B and employer C have spent thousands of dollars on your approved transfer (by way of application fees + additional + fraud detection + premium processing + attorney fee) s as an investment in you and they will not be thrilled about their loss.


Edited by Zodiac System
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