H1B Transfer with in-house project


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My current employer A filed an in-house project which got approved. Subsequently, he placed me at Client X location, which is in the same city as specified in my LCA, but the client name is different since he filed the in-house project with my employer's location and my residential address. Now, he is not filing the amendment for Client X location, stating that he need 2 months to file it. I have received a full-time opportunity with another Employer B. Can I transfer my H1B to Employer B with the in-house project? Will there be any issues with the transfer petition if my current employer withdraws the in-house project petition?

Edited by Ananya93
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Different attorneys have different views on this situation.  If client X location is in the same city (MSA), as already specified in the LCA, then an amendment is not required.  

Check the non-compete clause with your current employer X, while considering a transfer to employer Y.   You will also need 3 paystubs from current employer X for transfer to employer B.  Good Luck.

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This is a grey area but you can make the argument that the amendment has not changed if the only change to the job was the move in location within normal commuting distance of the original location. If Company A withdraws the approved petition and terminated employment, you generally have a 60 day grace period or until the expiration of your I-94 (whichever is earlier) to file a transfer petition.

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