H1B- New Employer Petition

USA H1B Visa
1

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.

2

Yes.

It doesn’t matter unless you join employer 1

No.

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.

3

Thank you so much Kalpesh for your response!

4

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

5

No, USCIS never notify you current employer.