H1-B Transfer

[greatguy1978]

I have recently got an offer from a group company (CompanyNew_1). They had urgent need and initiated H1 transfer under premium processing. After filing, they provided me receipt id and asked me to resign provided that is a big company and there shouldn't be any issues and they will relocate me to my home country if something goes wrong.

RFE received after a week and they didn't inform me anything but I came to know when checking status online. I asked them to provide me copy of RFE but they assured that will be taken care of by them and I don't need to worry. That time also they insisted me to join the company as planned and they'll start my payroll, insurance and all other stuff at client side. I continued with my resignation at current work place despite discussion by current employer (CompanyCurrent) to continue in job.

After 2-3 days I received a discussion with CompanyNew_1 that I should hold my relocation but I should join them as planned and they'll provide me update later. 2-3 days before my planned joining date, I insisted CompanyNew_1 to provide me the facts whether I am going to be assigned to the client project for which I was selected. Then I was told that there is no confirmation and no paper work in place with the client and in order to respond to RFE they would need to change original client and location mentioned in H1 application initially. They also said that there is high probability of rejection even if they respond to RFE, at the same time I can join any time and they'll provide me with everything even if there is no project or client side assignment and I would stay at my current place only. I was also assured that there are no issues even if I am without project/assignment for 4-5 months because it is big company. Reviewing all these conditions, I extended my stay at current work for few days so that I can review and decide accordingly.

In very next discussion, CompanyNew_1 started pushing me not to join because they don't have anything in place for me at this point and why I should go back to home country just after joining.

Now I am in odd situation because I have already gone through discussion regarding continuing at current work and I always came out of the discussion showing my interest in sustaining my resignation and leaving the current company.

As per my understanding, CompanyNew_1 did following stuff not in good way

- Filed my H1 transfer with No proper documentation in place

- Insisted me to resign and join them even when there was no confirmation

- Didn't inform me about RFE and hasn't provided copy of RFE to me

- In steps, they are backing out of their promises like relocation to client, no issues for 4-5 months even if no assignment etc.

- Also one very important point to note is that I found a new job post exactly with same requirement and location posted by CompanyNew_1 on the same day when they scared me saying that H1 may get rejected because there is no proper contract in place now and I should try to continue current job or find some other job before I am relieved from the current one. I sent an email to ComanyNew_1 that I have found same job post from them, it was removed from the job board very next day.

I seek your guidance on following points please

1. Am I authorized legally to get copy of RFE so that I know the facts? I don't trust CompanyNew_1 now because they have diplomatically changed in steps regarding their promise points.

2. If CompanyNew_1 respond back to RFE with proper documentation with changed client and project location, is there any probability of rejection for this reason that client and location is different from the original application?

3. If I keep on postponing my joining date, is CompanyNew_1 legally authorized to withdraw H1 transfer application based on reason specifying that I am not joining? I am just trying to figure out what is the reason now that they are pushing me not to join and delay it for later date. At the same time, they are posting new job requirement for the same position I was selected for.

4. If answer to the point 3 above is Yes, will it affect me in future regarding any immigration stuff like H1 transfer with any other company or Green card filing?

5. My current employer CompanyCurrent is ready to file my Green Card and they can file my labor by next week because it was in process since almost 6 months and now attorney is ready with all documentation. If I continue with CompanyCurrent and they file my labor by next week, is there any probability of issues provided that my H1 transfer and RFE is in place with CompanyNew_1?

6. I am getting offer from another group company (CompanyNew_2). Can I accept the offer and proceed with H1 transfer legally with CompanyNew_2? My H1 transfer and RFE are already in place with CompanyNew_1 so will it affect my H1 transfer with CompanyNew_2?

I am in the situation where I need to make my decision quickly so that I am safe at job and H1 part. I would appreciate your valuable inputs on priority please. Also if you could let me know addition to the response to the points above, what is the best way I should take at this point in the situation mentioned.