May lose my job: H1B transfer as a SAFE NET

[hardworkingguy]

Because my company is not doing well, i think i might lose my job in the future. So here is my plan:

- H1B transfer to another company that I know wants to hire me. No premium process.

- I continue to work for my company, in other words, I don't move to the new company while my process is pending.

Then the following scenarios can happen:

1) I lose my job, so I start working for company B since I have already sent my transfer application.

2) I don't lose my job and the transfer comes denied. SO I JUST CONTINUE TO WORK for original company. (Is that a correct assumption?)

3) I don't lose my job and the transfer comes accepted so know I HAVE A SAFE NET. If I ever get fired from company A I can just move to company B.

Does it make sense? Am I missing something? What do the experts have to say about that?

 

[Concerned4us]

You may have a contractual obligation to join B. Why would they hire you - and spend money on your petition - if they did not have immediate need for your services? Please don't tell the forum that you are paying all of the fees for your application from B because that would be illegal.

 

[hardworkingguy]

You may have a contractual obligation to join B. Why would they hire you - and spend money on your petition - if they did not have immediate need for your services? Please don't tell the forum that you are paying all of the fees for your application from B because that would be illegal.

That's a good point, but I am not doing this which I understand would be illegal.

I know the owner of the other company, he likes me and appreciates my work. So basically he is saying: "You are free to join our company whenever you want in the future. We can wait until you are done with your current job."

I would rather do it now than do it later when I am out-of-status and out-of-job.

Does it make any sense?

 

[ginnu]

That's a good point, but I am not doing this which I understand would be illegal.

I know the owner of the other company, he likes me and appreciates my work. So basically he is saying: "You are free to join our company whenever you want in the future. We can wait until you are done with your current job."
I would rather do it now than do it later when I am out-of-status and out-of-job.
----------------------then let the new employer file H1 transfer for you. FYI if the new employer is consulting company make sure the lawyer attach all the required documents with H1 petition because USCIS is sending Long list of RFE for H1 extension or H1 transfer petitions filed by consulting companies.
Does it make any sense?

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