Splunk/Ebay H-1B transfer after joining recently

Nov 7, 2018 18 Comments

I moved from VMware to Ebay one week back. I interviewed with Splunk before that. Now few days back, Splunk reached out to me saying they're going to extend an offer. I have no doubt that I want to be at Splunk since everything is much better. How should I handle the H1-B transfer from here? If I tell Splunk that I already joined Ebay, they will very likely rescind the offer. Should I accept the offer and let Splunk's immigration lawyer know if they inquire. Should I hide my Ebay I-797s from Splunk and only share the VMware I-797 to completely avoid mentioning Ebay.

Please advice.

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TOP 18 Comments
  • Splunk / Eng Dsbbbk
    Tell them that you are with Ebay now but would like to join Splunk. They will not reject you after they extend the offer to you. Wait to join after transfer is approved though. You cannot hide because you need recent paycheck for transfer
    Nov 7, 2018 1
    • OP
      Here is the main concern. During negotiation, I told my Splunk recruiter that I have Ebay offer. In reality, I accepted the Ebay offer. And now I work at Ebay. I know I messed up. Any suggestion on how to best handle this? I really want to join Splunk. And don't want to loose the offer that came after ton of hard work.
      Nov 7, 2018
  • Amazon WishFairLk
    I don’t think you can really hide, because when it is filed with USCIS, they will validate everything and check if there is anything missing or false. Did you get your H-1B approved at eBay?
    Nov 7, 2018 3
    • OP
      Yes. Can I hide my Ebay H-1B and present myself as VMware employee? Does the USCIS have info. since I moved to Ebay just a week back.
      Nov 7, 2018
    • Amazon WishFairLk
      USCIS can find out for sure. Or I don’t know why it is required to submit all copies of H-1B proofs in the past. Why don’t you just tell them that you offered too late and you have joined eBay though you always want to join Splunk. For visa reasons, you wish them to try the visa transfer for you and you will jump the boat immediately when it is approved. Just an idea. I do not know if it is the appropriate way to do it. May I get your experience too? When did you file H-1B transfer with eBay and when was it approved?
      Nov 7, 2018
    • OP
      It was filed at the end of August in PP so got approved within 5 days.
      Nov 7, 2018
  • NIO Scew-up
    what’s the update, my friend have the same situation
    Nov 16, 2018 1
    • OP
      I just decided to NOT hide anything. Submitted everything to lawyers. There was no way they could have even file LCA before the first paycheck from the new company arrives. No issues so far. I have a feeling it will work out fine.
      Nov 18, 2018
  • Groupon akcuebz
    The idea is to start the H1B process soon enough (hopefully before receiving your 1st paystub from them). Including 1 less 797 approval doesn’t really make difference, given everything else is solid and clean (from immigration perspective). I’ve done something similar recently so advising based on that.
    Nov 7, 2018 2
  • Groupon akcuebz
    If you are interested in Splunk. Accept the offer and start H1B transfer and as part of 2-3 recent pay stubs give VMWare pay stubs as you might not have received any pay stub from eBay yet. That’s it! Your transfer application is submitted and you’re done!
    Nov 7, 2018 2
    • OP
      When the lawyers ask for previous I-797s, would you suggest to give last approved Ebay I-797s or just VMware ones.?
      Nov 7, 2018
    • Groupon akcuebz
      Only give VMWare ones
      Nov 7, 2018
  • PayPal Fjakavk
    First - yes USCIS knows so don’t hide else it will be rejected as you have to provide paychecks and H1b status for everyday in US.
    Second- I think splunk will not rescind the offer
    Nov 7, 2018 2
    • OP
      Gotcha. During negotiation, I told my Splunk recruiter that I have Ebay offer. In reality, I accepted the Ebay offer. And now I work at Ebay. I know I messed up. Any suggestion on how to best handle this? I really want to join Splunk. And don't want to loose the offer.
      Nov 7, 2018
    • PayPal Fjakavk
      I think the best option is to be honest. I did a similar thing in the past but told the attorney and HR about the intermediate job. Honestly they helped in the process by making sure nothing is missed out in the Visa application!
      Nov 7, 2018
  • Cognizant / Other DonJr
    No, give everything you have including eBay
    Nov 7, 2018 0