H1-B Transfer Issue

[panch]

Hi,

 

I have a situation where my current H1-B petition(Profitable) with company A will expire in couple of months. I didnt knew about the Non-profit H1-B limitations and I accepted the job offer and my new H1-B is approved with company B(Non-profit). I'm thinking to join company C (profitable). Can you please help me with the below questions.

 

1)  Will there be any problem if I decided not to join Company B (Non-profitable) after H1-B pettion is approved?

2)  Can I ask Company B to revoke my approved petition ? Will it effect my current petition with Company A ?

3)  Can I provide my Company A's H1-B petition which is still valid for 2 more months, to company C as my current petition , when they start procesing my H1-B.

 

Thanks in advance.

 

[jairichi]

Hi,

 

I have a situation where my current H1-B petition(Profitable) with company A will expire in couple of months. I didnt knew about the Non-profit H1-B limitations and I accepted the job offer and my new H1-B is approved with company B(Non-profit). I'm thinking to join company C (profitable). Can you please help me with the below questions.

 

1)  Will there be any problem if I decided not to join Company B (Non-profitable) after H1-B pettion is approved?

2)  Can I ask Company B to revoke my approved petition ? Will it effect my current petition with Company A ?

3)  Can I provide my Company A's H1-B petition which is still valid for 2 more months, to company C as my current petition , when they start procesing my H1-B.

 

Thanks in advance.

1. Depends on what you signed with company B. There may be a clause that you are liable for damages if you do not join them. Check your offer letter or contract.

2. It will not affect your current petition with company A.

3. Yes.

[panch]

1. Depends on what you signed with company B. There may be a clause that you are liable for damages if you do not join them. Check your offer letter or contract.

2. It will not affect your current petition with company A.

3. Yes.

 Thank you very much for your response.

[panch]

1. Depends on what you signed with company B. There may be a clause that you are liable for damages if you do not join them. Check your offer letter or contract.

2. It will not affect your current petition with company A.

3. Yes.

 

I have another question related to Non-profit H1-B, If I plan to decide to work for Company B for sometime and then join Company C before my 6 yrs H1-B finished, will my H1 fall under the quoata again, I mean should I have to wait till October to work or as I already have gone through it once for initial H1-b with Company A, will it be a considered as regular H1 and I change it anytime back to profitable H1 ( Comp C) ?

 

Thanks in advance

[jairichi]

I have another question related to Non-profit H1-B, If I plan to decide to work for Company B for sometime and then join Company C before my 6 yrs H1-B finished, will my H1 fall under the quoata again, I mean should I have to wait till October to work or as I already have gone through it once for initial H1-b with Company A, will it be a considered as regular H1 and I change it anytime back to profitable H1 ( Comp C) ?

 

Thanks in advance

When you decide to join company C before your max allowed of 6 years on H1B then the H1B petition is cap exempt i.e. it can be applied anytime by company C and you can start working immediately after approval.