H1 transfer after concurrent petition

USA H1B Visa
1

Currently working EMP A in full time (I 797 approved for another 2 years). Got EMP B he initiated a process to submit H1 concurrent.
Now I got emp C full time. Planning to switch from EMP A to EMP C and continue emp B part-time job.

The question

  1. Do emp C needs to file a transfer petition or concurrent petition?
  2. transfer to employer C will affect inprogress H1 concurrent petition with emp B?
2

Transfer petition as you already have employer B with concurrent petition.

No it should not. Do premium processing for concurrent petition if possible before applying the transfer from A to C.

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4

You only need to provide copy of I797 for the employer who you are transferring from, so in your case only employer A.

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5

Thanks for your update. So I will not share the I 797 c petition on H1 transfer.
Do I need to share with them during the I 140 process?
Will concurrent employer B needs amendment since I switch from `primary employer A to C? is it not a material change?

6

No you don’t. You choose one of the employer as your PERM/GC sponsor and the other don’t even need to know anything about what the other employer is doing for you.

Employer only need amendment if there are any material change with the job they sponsor.

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8

Thank you. I transferred A to C petition approved. Can I have gap between A and C?

Note : emp B is full time

9

Please elaborate what do you mean by gap?

11

This is totally fine.

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