I am currently working for company A on H1B visa. As of now, company A told that they cannot apply for visa extension. I got a job offer from company B. I can request company B to apply for H1B transfer on premium processing and can inform them that I can start working only after receiving the H1B transfer approval notice.
1. By any chance, if this transfer petition from company B gets denied, will my current employer A come to know that I have tried the visa transfer through company B?
2. If company A changes their mind and agrees to file Visa extension, can they continue to apply for extension even though company B transfer process is initiated/pending(RFE etc)/approved?
3. If I stick to company A even after company B's petition is approved, can company B sue me? Will there be any impact on GC process?
2. Yes, this could cause a conflict
3. Yes, they might be able to sue you for wasting thousands and thousands of their dollars. Also, if B's papers are approved .. A's extension will cause a conflict.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Co. A will know that Co. B has filed an H1B petition if you tell Co. A. It will not hear of the filing from the USCIS.
Multiple Co.'s can each file an H1B petition for you. You can decide to work for Co. A or B.
It is rare for a prospective employer to win a judgement for expenses related to hiring in "at-will" employment cases.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
2) Discuss with an independent counsel
3) See (2) above
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