URGENT: H1-B visa transfer dilemma – Please advise!

S

seema_a

New Member
Hi,

I am in an intriguing situation and would really need some advice in this regard. I had a job offer from a company, let’s call it comp1, which I have accepted and they have started my H-1B visa transfer from my current employer’s name to theirs. The visa transfer should be completed by this Friday. I haven’t joined comp1 yet. Now, I have received another offer from a different company, let’s call it comp2, and due to personal circumstances I really want to accept their offer. I would like to understand what the legal implications of this are.

- If I accept comp2’s offer, does comp2 need to transfer my H-1B from comp1 or does it need to transfer from my current employer? I mean can comp2 not do visa transfer from my current company as I haven’t started working at comp1 yet?
- Does comp2 need to know that I have a visa transfer to comp1's name currently in process?
- Can comp1 create any legal difficulties for me if I accept comp2’s offer and join them instead as comp1 will have my H-1B visa transferred under their name very soon?
- Do I need paystubs from comp1 if comp2 needs to transfer my H-1B visa under their name? If so, I don’t have any as I haven’t started working at comp1 yet.
- What other things do I need to be aware of?

Please help!

Thanks!
Seema
 
seema_a said:
Hi,

I am in an intriguing situation and would really need some advice in this regard. I had a job offer from a company, let’s call it comp1, which I have accepted and they have started my H-1B visa transfer from my current employer’s name to theirs. The visa transfer should be completed by this Friday. I haven’t joined comp1 yet. Now, I have received another offer from a different company, let’s call it comp2, and due to personal circumstances I really want to accept their offer. I would like to understand what the legal implications of this are.

- If I accept comp2’s offer, does comp2 need to transfer my H-1B from comp1 or does it need to transfer from my current employer? I mean can comp2 not do visa transfer from my current company as I haven’t started working at comp1 yet?
- Does comp2 need to know that I have a visa transfer to comp1's name currently in process?
- Can comp1 create any legal difficulties for me if I accept comp2’s offer and join them instead as comp1 will have my H-1B visa transferred under their name very soon?
- Do I need paystubs from comp1 if comp2 needs to transfer my H-1B visa under their name? If so, I don’t have any as I haven’t started working at comp1 yet.
- What other things do I need to be aware of?

Please help!

Thanks!
Seema
Click to expand...

Since you did not join comp1, you do not have any obligation other than repaying their H1 fees if they insist on.

You can transfer once again form current company to Company2, giving pending WAC/LIN references of current company to Comp1 transfer.

You need pay stub from current company to transfer to Company 2. Company 1 not yet come to the picture as its H1 is not yet approved / or you not joined with them
 
Thank you so much for your reply great guru :)

Please let me know if I understand what you said correctly. So, if comp2 decides to start my visa transfer after or before the visa transfer to comp1 has been approved (very likely by this Friday), in either case I still can have comp2 initiate visa transfer directly from my current employer (whose paystubs I’ve as I am still employed with them) rather than transferring from comp1. Of course, as you advised, I will make comp2 aware that comp1 has my transfer underway. And other than the fact that I might have to pay back the money comp1 spent on my visa transfer (premium processing) I have no other legal obligations and comp1 can’t sue me or anything.

Am I correct in my interpretation of your advice?

Thanks again!
Seema
 
seema_a said:
Thank you so much for your reply great guru :)

Please let me know if I understand what you said correctly. So, if comp2 decides to start my visa transfer after or before the visa transfer to comp1 has been approved (very likely by this Friday), in either case I still can have comp2 initiate visa transfer directly from my current employer (whose paystubs I’ve as I am still employed with them) rather than transferring from comp1. Of course, as you advised, I will make comp2 aware that comp1 has my transfer underway. And other than the fact that I might have to pay back the money comp1 spent on my visa transfer (premium processing) I have no other legal obligations and comp1 can’t sue me or anything.

Am I correct in my interpretation of your advice? YES. Unless Comp1 ask money, you no need to pay volunteerly.
Thanks again!
Seema
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