multiple H1B transfers with LCA approved


vishus

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Hi,

I am currently employed FULL TIME at company A.

Got an offer at company B. They started H1B transfer process. Got LCA approval. They are about to send I-129 & other supported documents to USCIS. I am bearing the total costs.

In the meantime, I got good offer from company C. Now I prefer to take up this job.

1) Shall I ask company B to stop sending I-129 & other docs to USCIS & ask Company C to do H1B transfer for me. Will there be any problem, because we got LCA approved for Company B.

Will this be considered as multiple H1 filing case?

Please advise how to deal this situation.

Thank you very much in advance.

Regards,

Vish

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If you intend to move to Company C, then you should ask Company C to file an H1B petition. Although the law may permit you to begin working for Company C upon the filing of the H1B petition, it is best to wait until the H1B petition is approved before you start working for them. Additionally, Company C's H1B petition must be filed before your current I-94 expires in order to extend H1B status with Company C.

It does not matter that Company B has obtained a certified LCA since Company B has not filed the H1B petition on your behalf yet.

Please note, there are several fees associated with the H1B process that must be paid for the by the sponsoring employer(s). If the H1B beneficiary pays for any expenses that the employer is required to pay, it could result in a denial or revocation later on if the violation is discovered after the H1B is approved. You and your employer should always consult with an experienced immigration attorney to make sure the H1B petition is filed in accordance with the law.

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