Will my current employer be notified about H1B transfer if amendment is in progress?

USA H1B Visa
1

Hi All,

Hope you all are having wonderful time. I got some queries regarding H1B amendment and transfer petitions. Any help will be greatly appreciated. Here is my scenario:

I am currently working for Company X and my visa is stamped for Company X only. As there is a change in Client and location so Company X is going to file for an H1B amendment petition under regular processing. Meanwhile I got a job offer from Company Y and they are ready to file for H1Btransfer (or you can say new H1B application as there is no H1B transfer concept technically). I have below queries in this context:

  1. Will there be any problem if amendment and transfer go in parallel?

  2. Will Company X be notified by USCIS about Company Y’s transfer petition as Company X’s amendment is also in progress?

  3. Is it fine not to disclose to Company Y about Company X’s amendment petition as Company Y may not file for transfer if they come to know about the amendment petition?

As amendment petition takes around 9 months to get approval, so it’s not practical for Company Y to wait for such a long time.At the same time I am afraid that if Company X comes to know about the transfer then they may revoke my H1B.

Any input in this regard will be of great help.

Thanks a lot in advance!

P. Kumar

2

  1. No issues

  2. They are not informed about each other’s petition

  3. This should be ok, but its always best if the new employer is aware of most up to date information about your immigration.