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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Default Undesirable H1 transfer

    I'm currently working for the Company A. My I-94 is valid till October, 2007. Some time ago I got an offer from Company B and they applied for H1 transfer for me. My wife and a daughter (both have H4 visas) were also included into the petition.

    The problem is that I changed my mind and don't want to work for Company B anymore. Company A did not do anything bad about my visa and they would appriciate if I stayed with them.

    So what are the implications of this undesirable H1 transfer? If it is approved, will I have to leave my current job? if I don't will me or my family have any problems in the future with re-entrace to the US? Should I take some urgent steps while this transfer is not approved yet?

    Please, please help! I feel I'm in trouble.

    If these details are essential:

    Company B paid for the premium processing, but I know for sure that they first filed the petition using regular processing (it happend 2 weeks ago and no has come yet), but they also paid for the premium service a couple of days ago only.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Undesirable H1 transfer: Urgent!

    An H-1B petition remains valid until it expires or until the employer has it revoked, so the position of the USCIS is that you can work for the first employer until one or the other (expiration or revocation) occurs. That is, you should be able to work for the first employer until that employer revokes your H-1B or it expires.

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Undesirable H1 transfer

    Thank you very much Mr. Knowitall !

    A few more questions then:

    1. When travalling abroad and re-entering the US, is there a possibility of any problems due to my H1 transfer, assuming that I still work for my old employer?

    2. Will my old employer in the future be able to extend my H1 status when it is about to expire?

    Thank you in advance.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Undesirable H1 transfer

    If your visa is valid, you can travel in a manner consistent with the visa.

    If you and your employer continue to qualify in relation to your H-1B visa, there shouldn't be anything which would prevent your employer from having it extended upon timely application.

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