H1B Transfer what if I don't want to go.

[nageshsqlserver.bi]

Hi,

 

I recently got H1B from company X with good offers big consulting company Y is offering a good offer with good benefits I am planning to move to them I have few Questions:

 

1) If I got my H1B transfer to company Y can I stay back on company X if in the last minute I choose to stay back with Company X.

 

2) If I have moved to Company Y after I moved back If i see any issues with company Y can I come back to Company X and work with them again.

 

3) How to know if Company X have revoked my H1B or Suspended my H1B once I moved to Company Y.

[pontevecchio]

1. Ethics aside you can do that subject to any contract you may have signed.

2. That is up to X. They may want you back if your services are valuable enough.

3. X HAS TO REVOKE the H1 petition when you leave. That does not affect you and is not your worry.

[jairichi]

1. Ethics aside you can do that subject to any contract you may have signed.

2. That is up to X. They may want you back if your services are valuable enough.

3. X HAS TO REVOKE the H1 petition when you leave. That does not affect you and is not your worry.

@ Pontevecchio, I have two scenarios in mind. Would like you to answer.

 

(1) What happens if employee has started to work for employer Y upon receipt notice, X has already requested for H1B revocation and H1B transfer to employer Y was denied?

(2) What happens if employee has started to work for employer Y upon receipt notice, X has not requested for H1B revocation and H1B transfer to employer Y was denied? Could employee come back and work for X in spite of being in Y's payroll and having signed I9?

[pontevecchio]

1. Ideally the revocation is mandatory if a H1 worker leaves the job. In this case the person will need another H1 petition filed by any suitable company approved and he may or may not have to leave and return with the visa.

 

2. As I said most companies would follow the law and revoke the H1 petition. That takes many weeks to be processed. So that company could withdraw the revocation or file another H1 petition for the person. If you are working for the company associated with windows in H1 status and the company making the microprocessors offers you a job, you can join on receipt with no expectation of problems. If you are leaving a job with layers then you should think twice and hard and insist on PP and then join on approval.

[nageshsqlserver.bi]

@

pontevecchio I have one question

1. Ideally the revocation is mandatory if a H1 worker leaves the job. In this case the person will need another H1 petition filed by any suitable company approved and he may or may not have to leave and return with the visa.

  --- Does it mean the another H1 is Cap exempt or under new cap 

[jairichi]

@

pontevecchio I have one question

1. Ideally the revocation is mandatory if a H1 worker leaves the job. In this case the person will need another H1 petition filed by any suitable company approved and he may or may not have to leave and return with the visa.

  --- Does it mean the another H1 is Cap exempt or under new cap 

If H1B worker has not exhausted max of 6 years on H1B then it is cap exempt

[nageshsqlserver.bi]

If H1B worker has not exhausted max of 6 years on H1B then it is cap exempt

No I mean if revocated by my old employer can he reopen or it needs to be a new H1B under new quota.

[jairichi]

No I mean if revocated by my old employer can he reopen or it needs to be a new H1B under new quota.

By law your old employer has to revoke your H1 once you stop working for him/her. If you have not used 6 year of H1B then you are not subject to quota

[nageshsqlserver.bi]

By law your old employer has to revoke your H1 once you stop working for him/her. If you have not used 6 year of H1B then you are not subject to quota

oh ok so even if he revokes if I want to come back he can re open  or if any other employeer is ready to apply for an H1B it will be not considered under cap.

[jairichi]

oh ok so even if he revokes if I want to come back he can re open  or if any other employeer is ready to apply for an H1B it will be not considered under cap.

Yes, that is correct.