Second H1B transfer after first approval


A company A filed my H1 B transfer and it is approved now.I have never worked for company A. I have another company B willing to file my VISA. I have below questions.

  1. Is there any issue if company B files my transfer, though I can not provide the approved petition by compoany A. I can only give the petition of my current company.
  2. I have accepted the offer from company A so as to file the transfer. Can they cause any legal trouble if I do not join them.

I would really helpfull if I can get any help on the below questions.


  1. It is fine. The H-1 is not really transfered. You end up w/ multiple petitions through multiple employers and can decide to work for either of them.

  2. Yes, they can ask for reasonable business losses. They cannot ask for H-1 fees as they are required to pay for it by law. They will have to sue you for that, and then show the business losses in the court.

Hi Saurabh,

Thanks for the response. I got an RFE on my application a few days back. RFE was regarding verification of my educational and experience verification. My company has submitted the response with an expert opinion letters. Is there a possibility of second RFE asking about the information of approved petition details of company A?

As I said I never worked for company A but they got the transfer but I wanted to work with B who have filled my application.

I don’t think they will issue RFE asking for A’s approved petition. As long as you maintained legal status (i.e. get paid by old employer), A’s petition should not come into play.