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H1B Visa Discussion Forum : H1B Visa Transfers : Multiple H1 transfers with added twists
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Multiple H1 transfers with added twists

Posted: 27 July 2011 - 10:01 AM
So I was working with company A and had two offers of employment from company B and C. I requested both of them to file for my H1 visa transfer and company B has already received the approval of H-1B Visa petition and change of employer.

Meanwhile company C took additional time for performing background checks and is now just about to file for my H-1B transfer from company A. Note that my employment has already ended with company A and my last date was about two weeks ago.

I'm interested in working for company C. I haven't joined company B but haven't refused their offer yet. I have two questions:

1. Should company C file for visa transfer from company A or company B? Is their petition likely to get rejected as they are filing for a transfer from company A, meanwhile company B already received the change of employer approval and my employment with A has ended.

2. Does the answer to the above question change if I start working for company B? I haven't joined yet and would ideally like to refuse their offer as soon as possible to not completely burn bridges.

Thanks in advance.

Posted: 29 August 2011 - 12:16 PM
I am in a similar situation:

I am working for Company A and have given notice and my last day is Sept 2. I have an offer from Company B, and they have started processing my visa transfer, with premium processing and we should get an answer back on Sept 2. However, I now have a more competitive offer from Company C and would like to join them instead of Company B. Company C's joining date is Sept 12 (a week after I resign Company A and potentially have a valid transfer to Company B). What are my options in this situation?

1. I heard there is a last action rule, and since I will be no longer employed with Company A, and potentially have a transfer over to Company B, but not started working for them yet, what do I need to give Company C (receipt number form Company B and original docs from A?) Is the transfer now from B to C even though I have not started with B but am not employed by A?

2. Does this become risky because I am no longer an employee of A, but have a transfer to B but not started working for them and now want to go join C? If I get rejected on the transfer with C, can I go and work for B or am I completely out of status?

I do not want to burn bridges and would rather work for C and let B know as soon as possible.

Any insight would be very helpful.

H1B Visa Discussion Forum : H1B Visa Transfers : Multiple H1 transfers with added twists

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