Two H1B transfers at the same time

Oracle CoffeeYoga
Jun 5 5 Comments

I recently got laid off in massive RIF and was given 60 days to find a new job. Good news- I found a job and they are almost about to file H1B transfer. Now, I got a 2nd job offer for a company/role which is much better + more stable. They are also ready to transfer H1B, but they will start the process by next week, whereas my joining date with company 1 is in 10 days.

1. If I join company 1 and then leave to join company 2, it is unethical (and not allowed by immi too I guess).

2. If I politely refuse company 1 now, I risk an RFE with company 2 and may have to leave the country if I get rejected. So having a backup approval till I get company 2's approval notice is necessary.

Note that both are software engineering roles and the overall RFE risk seems low (but u may never know!)

How should I handle this?? Please please help!!


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TOP 5 Comments
  • Google / Product

    Google Product

    Microsoft, 500 Startups
    Join Company 1. Forget to update LinkedIn. Kick ass at Company 1. Once your Company 2 H1 comes through have a conversation about how this job is not the right thing for you and what you really wanted. Leave.

    Not unethical. Things change all the time. If Company 1 fired you 2 months after hiring you would that be unethical?
    Jun 5 1
    • Amazon Northerner
      Unethical. But people do that.
      Jun 16
  • My friend did this!
    Joined A, worked for them for like 10-15 days and then moved to B!
    Worst that will happen is you will be blacklisted by company A and they wont ever hire you again
    Jun 5 0
  • Apple ais73jlC
    1. It is unethical but immigration doesn't care. There is no rule of it being not allowed.
    2. Yes it's risky. Which company are you going to? If it's a good name, the lawyers will ultimately resolve the RFE but personally I wouldn't take a risk and just join company 1 for your safety.
    USCIS doesn't realize, the uncertainty and RFEs works against the companies (not just candidates) and ultimately the economy
    Jun 5 0
  • Credit Karma PrinceAli
    If they hire you today then fire you 2 days later, is that unethical? Or is just business. You will just hate that company.
    Jun 5 0