Urgent help!! H4 to h1b- multiple empolyers

[desi12345]

Hi,

 

I was on working on h1b previously with first three years of h1b ended in Oct 2013. Went to India and came back to US on h4 visa recently, spouse working for a very stable company. Found out how difficult it is to secure a job offer on h4 even though i was in 'cap exempt' category. Luckily got an offer from company A, not local though and the company filled for the h1b. Couple of weeks later, got a better offer from company B , this time local and they also asked for documents for h1b filing. I told them that company A has already filled an h1b but as the approval was still pending, they did proceed with new h1b filling in premium. 

 

Though got the h1b approval notice from Company A and the date on the approval notice states that approval happened before the Company B's application reached USCIS. 

 

Now I have an approved h1b for Company A but I am more interested in joining company B whose application status is still pending. We are hoping that the approval will come in a week for company B. Joining Company A is not an option because company B will not wait till I have sufficient paystubs for transfer.

 

Have two questions:

 

1) Will I face any issue with Company B's h1b application as company A's h1b was approved prior the application of Company B reaching USCIS?

 

2) What will USCIS treat this case as, New h1b or h1b transfer? If a transfer, what are my options as I dont have paystubs from employer A.

 

Many thanks!

 

 

 

 

 

[pontevecchio]

1. No

 

2. A H1 "transfer" is always a new H1 petition though not subject to cap.

 

 You are allowed specific number of days to report to A. If the approval for B comes with an I94 then join them. If approved without I94 then leave and return with the H1 visa.