Can we stay with current employer after h1b visa transfer?

Ancestry / Other
tadpoles

Go to company page Ancestry Other

tadpoles
Jul 2, 2020 9 Comments

Asking for a friend. He found a new employment and his visa transfer is currenlty under processing. His current employer is offering him a better role in order for him to stay. Can he chose to stay back after his visa has been transferred to new employer and reject new employment?

I personally recommended against it.

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TOP 9 Comments
  • Intel
    ivermectin

    Go to company page Intel

    ivermectin
    You’ve already let your employer know that you’re looking outside for opportunities. Staying back now might mean having to fight extra hard to convince them of your loyalty to the company. IMO, take the new offer.
    Jul 2, 2020 2
    • Ancestry / Other
      tadpoles

      Go to company page Ancestry Other

      tadpoles
      OP
      The new role is tempting. He wanted a Product role which his employer is willing to offer now. With the new employer it would still be continuing to work on old role.
      Jul 2, 2020
    • Ancestry / Other
      tadpoles

      Go to company page Ancestry Other

      tadpoles
      OP
      He is happy to switch role and the had to leave due to a layoff as he would get the “product tag”
      Jul 2, 2020
  • Databricks / Eng
    xmgW20

    Go to company page Databricks Eng

    xmgW20
    I'm no lawyer but I believe it's legally okay to reject new employment. You might be on their blacklist. Whether you care about that is up to you. A good thing about staying put is that you don't need to build up your reputation and connection again at a new place.
    Jul 2, 2020 1
  • Oracle
    xUOG48

    Go to company page Oracle

    xUOG48
    Strictly speaking there is no notion of a h1b transfer. The h1b with a new employer is a fresh petition but uses the same h1b cap as the older one. If the previous employer does not rescind the petition they they filed, one can work with the previous employer.
    Jul 2, 2020 1
  • New
    Shinchan6

    New

    Shinchan6
    Its legally fine to stay with the current company irrespective of how many transfers you have. But ideally people dont stay being at the current employer because they have have an opinion that you will leave because you have already looked for opportunities. And if there are any chances of layoffs too they would first consider you. I have seen a similar situation to my frd. It may not happen to you but thats how it is.
    Jul 2, 2020 1