Question on H1B Transfer

james_gmail

Registered Users (C)
Dear Friends,

I have a quetion about H1B transfer and need your urgent help.

I am now working for company A. I got an offer from company B. Company B is requeting to do a H1B Transfer for me. I am not sure whether I should move to company B yet (I am not sure whether company A will keep me).

My question is:
If I asked company B to do a H1B transfer for me now, but if later I decide to
stay with company A (not join B at all), will company A needs to file a new H1B transfer for me (to transfer back from H1B associated with B to a new H1B associated with A)? Or it does not matter at all, I can just use the original H1B to work with company A and nothing needs to do at all. Will INS later find it out and tell company A that for once during my employment with A my H1B was transferred to company B?

Thank you very much for your kind help!
 
There is no definitive law for this, but some says you can stay at A.
But if I were you, I'll make up my mind to join B or not before filing transfer.
If transfer gets denied for some reason, what I would do is going out and comming back to get new I-94 based on A's petition instead of just rejoining A w/o transfer. (provided A is willing to rehire you)
That way, you won't leave anything which is questionable.
 
GotPR,

Thanks for your reply. Now I got a new question:
If company B successfully did the H1B transfer but I decided not to join them but stay with A, in this case, should A do anything on my H1B or I don't need to do anything.

Thanks again!
 
Comp A, no need to do anything, just continue to work with Comp A and renew the H1 on time regularly.


GotPR,

Thanks for your reply. Now I got a new question:
If company B successfully did the H1B transfer but I decided not to join them but stay with A, in this case, should A do anything on my H1B or I don't need to do anything.

Thanks again!
 
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