Change of Employer H1B

[Rakee]

Hello all,

Please advice me on this. I am currently working with company A (H1B, petition valid for one more year), I am trying to switch the job to Company B. When H1B petition for for the company B is approved.

At this point:

1. Does the original petition from company A gets voided and will I only one active Company B petition?

2. Does both the petitions A & B are active? If so how does one of them gets voided OR Can I choose to work for any of them.

3. Will the company A threaten to file any legal action against me?

I am asking this, as company A employer will try hard to retain me in every means. I do not want that to happen.

Thank you. Looking forward for answers.

[wiweq]

Once the employer-employee relationship is broken, the next day the associated H1b also expires. To establish same relationship new H1b should be filed.

If you want to sustain your H1b with A, your work should be continuous with them; i.e. you shouldn't leave them and join again.

If B's H1b is approved, you don't have care about this. If you don't want to join them, you can just tell them in written that you are no more interested in their offer. Keep this document as proof that you were aware of this H1b and you denied this offer.

For you, the active H1b is the only one what you maintain. Maintain means you work for that H1b employer and get paid from them.

There is nothing called active or passive H1b.

[Rakee]

Thank you so much for the reply.