H1B- New Employer Petition

Hello Folks,

Below is my situation, need your suggestions, please.

Current Employer ( My payroll is still running with my current employer , I didn’t resign from the employment. )

New_Employer_1 (I have an offer with this employer and h1b has been transferred. A new I797 and a new i94 record generated. I didn’t start my employment with this employer yet)

New_Employer_2 (I got this offer exactly after 3 days after my h1b transfer was approved with New_Employer_1, but I want to join with this New_Employer_2 )

My questions:

  1. Can I go with an h1b transfer with New_Employer_2 because my new I797 & i94 record is with New_Employer_1?

  2. Presuming I can go with New_Employer_2 , what will happen to the i94 record which is with New_Employer_1 ?

  3. Will be there any legal issues with New_Employer_1 if I don’t join them?

  4. Current employer I797 is valid till 06/2024. How long i can stay with my current employer since my h1b has been transferred to New_Employer_1.

Thank you for your time and your response is highly appreciated.


It doesn’t matter unless you join employer 1


You can keep working with your current employer till the I-797 is valid. Unless you join the employer 1 your employer 1 I-94 will not come in effect.

Thank you so much Kalpesh for your response!

does my current employer gets notified after the h1b transfer is approved by the new employer?

No, USCIS never notify you current employer.