Can I turn down H1B approval and aplly fresh with new company?

[joseconrad]

My friend in India recently graduted from college and got an offer with an American company. He signed a contract agreeing work for them for at least two years. He just got his H1B approval Notice from CIS and has a consulate appointment coming up.

Recently he got an offer from a big name company B. Company B is ready to sponsor H1B visa. Since he has not YET started working for company A he has no paystubs and so I gundefineduess an H1 "Transfer" is out of the question. Can company B just apply for a fresh new H1 ? Does company A have any power to object to CIS issuing a new H1?Please advice.

 

[great guru]

My friend in India recently graduted from college and got an offer with an American company. He signed a contract agreeing<a onMouseOver="window.status='' ; return true;" onMouseOut="window.status='';" oncontextmenu="window.status=''; return true;" onclick="location.href='http://www.enhancemysearch.com/admin/results.php?q=work&id=4';return false;" href="" TITLE="More Info..."> work </a>for them for at least two years. He just got his H1B approval Notice from CIS and has a consulate appointment coming up.

Recently he got an offer from a big name company B. Company B is ready to sponsor H1B visa. Since he has not YET started working for company A he has no paystubs and so I gundefineduess an H1 "Transfer" is out of the question. Can company B just apply for a fresh new H1 ? Does company A have any power to object to CIS issuing a new H1?Please advice.

Company B can apply new visa (but quota is over he can come only after OCT 2005, or he can stamp visa and come to US and get it transferred next day to company B. Company A can not do anything unless you join with them.

 

[oottss]

Hi GG (Great Guru),

I could not follow the underlined portioin of your below reply: Would mind elaborating it.

I just want explain my case. I got H1 stamped in Chennai on 20-Dec-2004 thru company A. Now, consultants in India are approaching me saying they can transfer the H1. Is this possible legally (without having US working pay stubs, without staying in US). Also, what general precautions one has take with these consultants in terms of benefits, salary etc.,

Regards

GG's Reply
Company B can apply new visa (but quota is over he can come only after OCT 2005, or he can stamp visa and come to US and get it transferred next day to company B. Company A can not do anything unless you join with them.