Not Joining New Employer After H1B Transfer ...


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Hello Sir

I am working for company A currently , with company A i have an approved labour and approved I140 with Dec 2007 as my priority date , I got a new offer from Company B and I signed the offer letter and H1B was transferred and I got the approval notice in my hand . After transferring , I have changed my mind not to join Company B due to personal medical reasons ...

1) Can I still work with Company A even after H1B transfer to company B . I haven't resigned from Company A yet .

2) What process should I follow so that I don't get into legal issues , Should I ask Company B to withdraw the H1B as I won't join them ? Company B has said I have to join them so that I dont get into legal issues , Is it true ?

3) Can I still work with my current employer A as if nothing happened , Will company A come to know that Visa transfer was done at one stage ?

4) Is it mandatory that you need to join Company B just because H1B visa is transferred ?

5) If I join my company B & if they don't do the green card in time under EB2 as promised and if i switch to a new company Company C will I get 3 year extension based on Company A's I-140 approval assuming Company A doesn't withdraw its I-140 ?

Pls advise

Thanks a lot for your support and time ...

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Generally, an individual may continue to work with the original company as long as the H1B petition has not been withdrawn by the company. The new sponsoring employer is legally required to withdraw their petition if the individual does not join the new company. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case.

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