Continue with current employer even after H1B transfer approval/rejections?

USA H1B Visa
1

Hi,I am currently working in India for company A. Company A had applied H1B in the year 2015 and got visa in Feb 2016. I did not travel to USA because of some personal issues. Now I have got one more offer from Company B. Company B has initiated transfer of H1B while I am in Company A in India. I am in Company A but planning to leave Company A soon.

What will happen if H1 transfer fails. Can I still continue Company A without informing Company A regarding my transfer failure to Company B?What will happen if transfer approved. Can I still continue Company A instead of Company B without informing Company A regarding my transfer approval to Company B?What will happen if transfer is taking time and I have to take decision. Can I join Company A without waiting for H1B transfer?If I join Company A, will this impact on GC?I am really in trouble. I need experienced persons advise on this. Please help and share your experiences if you or your friends have gone through the same situation as me.

Note: I have never traveled to USA.

2

  1. Yes, you can continue to work for A w/o informing about B’s failure. B’s petition failure doesn’t impact A’s approval.

  2. Yes, you can continue to work for A. Although most of the folks call it “transfer” it is really not a transfer. They are 2 independent petitions and you can work for either employer or none.

  3. But aren’t you already working for A. Did you mean join B? You can join any employer in India irrespective of what is happening to your H-1 petition. The petition comes into play only when you travel to US and work inside US on H-1.

  4. No impact as you are still outside US.

The only thing to watch out for is if you leave A, join B, B’s petition is denied and then A’s withdraw their petition. Even in this case, an employer can still file cap-exempt petition for you in future.

3

Thanks Saurabh, I appreciate it.