H1B transfer already started but have another offer

Intel / Eng XXengrXX
Jul 11 17 Comments

My H1B transfer process has already been started by one employer once I accepted the offer but I just got another way better offer from a different employer. Does that affect my H1B status if the other employer also starts the process??
Any website that explains this????


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TOP 17 Comments
  • Microsoft pleiuys
    No need to tell anyone OP
    Many employers can file your H1b transfers and later you can pick which one you wanna join.

    Say you are with employer A and employer B and C filed H1b transfer for you. Both need to file transfer from A (even if B is approved and A did not take it back). Once the H1b transfer for the employer you wanted to move with is approved you can move there. If you wanna move to C and in mean time B is also approved you just need to inform B whenever you want. I said here whenever you want because these day transfers are getting RFE or rejected for any reason so my recommendation is to wait till C is approved (with approval notice in your hand) and in worst case you still have option to move to B as well.

    Multiple employers filling H1b transfer doesn’t affect your status. What you need to care about is you always in valid H1b status (so either A or B or ac) should have H1b filed for you at any moment.
    Jul 11 0
  • Sears vmw8
    No, it does not affect your h1b status. However USCIS will not process transfer from the other employer since you already have h1b transfer in process with one employer. USCIS can process h1b transfer for other employer only if they have made decision on initial h1b transfer or it’s withdrawn.
    Jul 11 4
    • Microsoft pleiuys
      I don’t think USCIS will not process another transfer.
      If OP is with employer A and has valid latest paychecks then he can file with employer B, C, etc. and USCIS will approve it as long as job/role is relevant.
      Jul 11
    • Sears vmw8
      You are correct regarding the part that OP can ‘initiate’ multiple transfers from A, but when it comes to USCIS processing these transfers they are not processed in parallel. If you have to prioritize A to C transfer which is OP case, USCIS has to make decision on A to B case first or it has to be withdrawn.
      Jul 11
    • Apple / Eng inter_rest
      Not true @sears. Only thing matters is that A should be valid and not in process (extension in process). I have personally experienced this. You can go to A to B and A to C simultaneously unless A itself is in process like extension etc
      Jul 15
    • Sears vmw8
      @inter_rest @pleiuys you are correct that transfers are processed in parallel, verified with Fragomen attorney. My understanding was based on what happened to my transfer cases in Jan this year, company B said uscis will not process in parallel. Attorney clarified it might have been due to no premium processing during that time or they did not wanted me to join A.
      Jul 28
  • Salesforce / Product 7227271717
    Did you search on google?
    Jul 11 2
  • LinkedIn TfAO31
    Yes you can’t have two applications at once- just tell the other company you’re retracting your acceptance. Not the best look but do what you gotta do
    Jul 11 2
    • Intel / Eng XXengrXX
      Do i need to inform second company about this?
      Jul 11
    • LinkedIn TfAO31
      No need to let them know- it shouldn’t affect your new h1b transfer process but make sure you work closely the new immigration lawyers to push everything along
      Jul 11
  • Apple tiwish
    If, unfortunately, it's the same law firm that represents both the companies, both of your offers will be revoked..be careful!
    Jul 14 1
    • ObjectRocket Odwo62
      Has this happened to you? Do you have anything to back it up?
      Jul 17
  • Intel / R&D \(- -)/
    Just get your law firm on the phone and talk it out with them..they should be in the know about the most recent policies and what would be best for your situation
    Jul 12 0
  • Cisco suggggggga
    A h1 transfer is considered like a new petition. Multiple employers can get it approved and you can pick the one. The onus is on the employer to let USCIS know that they would revoke the petition after approval
    Jul 11 0
  • Oracle blah blah
    Let the h1 transfer complete. Start the other company h1 transfer in parallel. The transfer is not affecting by other application. In case one of the transfers gets stuck in rfe, this will give you a cushion. If both get approved, then tell one of the companies that you are sorry.

    Not a legal advice. Consult an immigration lawyer.
    Jul 11 0