h1b transfer to new employer


sai12121

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Hello,

I am currently on h1b status with company A and working as a consultant and I got an offer from company B which is a fulltime job. If I go for h1b transfer

1. Do I have to inform my company A prior applying h1b transfer?

2. My h1b with company A is valid even if my h1b with company B gets denied or queried? In this case company A will be notified?

3. What happens to my h1b with company A once h1b with company B is approved? Will it be terminated automatically?

4. Is there anyway company A get notified about my h1b transfer ?

5. Will I face anykind of legal problems with company A?

This is the first time I am doing this and wanted to make sure that I am going in the right path and don't want to be in trouble.

Thanks

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1. Do I have to inform my company A prior applying h1b transfer?

NO

2. My h1b with company A is valid even if my h1b with company B gets denied or queried? In this case company A will be notified?

Company A will not be notified, however if it gets denied with company B and meanwhile if Company A files for withdrawal of H1, you will be in trouble.

3. What happens to my h1b with company A once h1b with company B is approved? Will it be terminated automatically?

Does not get terminated automatically, company A has to file for withdrawal and thats their headache.

4. Is there anyway company A get notified about my h1b transfer ?

NO

5. Will I face anykind of legal problems with company A?

That depends on the relationship you have with company A and any legal documents/bonds etc.

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1. Do I have to inform my company A prior applying h1b transfer?

No. More often than not, if the current employer comes to know your intentions to leave, it can do more harm than good to you.

2. My h1b with company A is valid even if my h1b with company B gets denied or queried? In this case company A will be notified?

Not sure - some one else can answer

3. What happens to my h1b with company A once h1b with company B is approved? Will it be terminated automatically?

You are transferring it, afaik

4. Is there anyway company A get notified about my h1b transfer ?

Not until you send in your resignation letter, in my experience.

5. Will I face anykind of legal problems with company A?

Depends on what you signed and what your employment terms were. Often times, there is a non-compete that prevents you from joining the same client or a company that operates in the same client list. You would need to review these and work with the new company's legal department to work around things

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Thanks for the answers!

Is there anything like "Bond" between employer and employee ? Because in my employer employee agreement it is stated that after 2 years employee can be withdrawn by giving prior notice. Does it mean that I have to stay compulsorily for 2 years?

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