Washington, DC asked in Immigration Law for District of Columbia

Q: H-1B Transfer Situation?

I am working on H-1B through company A valid till 2016. I accepted offer from company B and they just filed H-1B to USCIS (decision pending). Now, I also receive offer from company C and I am more interested in going for company C.

-Is it possible for company C to file H-1B using only company A’s pay stub and H-1B receipt?

-Can company B withdraw petition while it is in review? If so, will that impact to my current job or petition being filed with company C?

-If I get H-1B approved from company B before company C file for H-1B then do I have to work for company B before I go to company C? or can I just work with company A and go directly to company C?

Please let me know.

Thank you,

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1 Lawyer Answer
Mr. Floyd James Fernandez
Mr. Floyd James Fernandez
  • Immigration Law Lawyer
  • Valencia , CA

A: Short answers: 1) Yes, in fact you have to use company A's pay stub and H-1B receipt. But you will have to formally decline company B.

2) Yes, company B may withdraw its petition. If company A is content to keep you until your offer from company C is accompanied by an I-797C Notice of Receipt that its H-1B I-129 Petition is in process.

3) No, you can decline company B's offer, but notify USCIS of your withdrawn acceptance and intent to continue with company A. Otherwise failure to notify could be construed as evidence of intent to use artifice to commit fraud, and document fraud could result in a permanent ban from the U.S.

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