H1-B transfer issues vs New H1-B

[nagendra.teja@gmail.com]

Hello all,

 

I am tangled in issues with regard to having my H1-B transfer to my new employer or request them to file a new H-1 for me.

 

Situation is the below,

I wok at a company A currently

I have a new job offer from company B and they would like to initiate my H1 transfer tomorrow, which in their opinion would be taking around 2 weeks. Company B are not willing to wait.

Somehow, as I came to the completion of my interviewing with company B, a great role opened in my current company A and am waiting on the interview result and hoping to hear the result in a couple if weeks time.

 

My questions are as below,

- Should I ask company B to file a new H1 for me or to facilitate a transfer in this scenario?

- Can firm B file a new H1-B if requested given I already have an H1 with company A?

- If I give my verbal approval for the firm B's offer and they initiate the H1-B transfer process, and if I get the role at my current company A, can I still go back to firm B saying that I am planning on sticking to my current company? As in, would there be any legal implications?

-What would be the implications if I reject the company B's offer after my H1-B transfer filed by company B gets approved v/s the time frame b/w which company B initiates my H-1B transfer and before when it gets approved ( specifically the so called 2-week time frame)? 

 

Any advise if greatly appreciated.

 

Thanks

[jairichi]

Hello all,

 

I am tangled in issues with regard to having my H1-B transfer to my new employer or request them to file a new H-1 for me.

 

Situation is the below,

I wok at a company A currently

I have a new job offer from company B and they would like to initiate my H1 transfer tomorrow, which in their opinion would be taking around 2 weeks. Company B are not willing to wait.

Somehow, as I came to the completion of my interviewing with company B, a great role opened in my current company A and am waiting on the interview result and hoping to hear the result in a couple if weeks time.

 

My questions are as below,

- Should I ask company B to file a new H1 for me or to facilitate a transfer in this scenario?

- Can firm B file a new H1-B if requested given I already have an H1 with company A?

- If I give my verbal approval for the firm B's offer and they initiate the H1-B transfer process, and if I get the role at my current company A, can I still go back to firm B saying that I am planning on sticking to my current company? As in, would there be any legal implications?

-What would be the implications if I reject the company B's offer after my H1-B transfer filed by company B gets approved v/s the time frame b/w which company B initiates my H-1B transfer and before when it gets approved ( specifically the so called 2-week time frame)? 

 

Any advise if greatly appreciated.

 

Thanks

1. A transfer is nothing but a cap exempt H1B petition.

2. Refer 1.

3. As long as you do not sign a contract mentioning any damages that could be claimed from you for not joining them.

4. Refer 3.

[pontevecchio]

A 'transfer' is always a new H1 petition.

Yes.

Up to B

Up to any written contract you signed with B.