My current H1B visa expired on May 31,2021. Current employer filed for an H1B extension(regular) on May 13,2021, I got an offer from another employer. I accepted that and they filed an H1B transfer in premium(Just received Receipt) on May 28,2021. Now the new employer is saying that the position is filled by another employee and they want to look for a new job. Today I got another Project from my current employer. Here is my question.
Can I stay with my current employer (H1B extension not yet approved and they are going to apply for an amendment)? as it is a good offer. Even new employer got approval for H1b Transfer. with the new employer I Don’t have a job( I am on bench).
Please let me know suggestions.
Yes you can stay with your current employer.
This does not impact your H1B EOS application with your current employer. If you don’t join the new employer, they may withdraw your H1B in future, again no impact to your H1B with your current employer.
Thank you kalpesh for the response
I have applied H1B transfer to New employer and didn’t join with them and their petition was approved in June,2021 and H4 petitions not yet approved. Now my current employer extension was approved along with H4. As you mentioned earlier I don’t have any problem even new employer H1B petition approved. I can work with existing employer.
My question is , is there any issue my dependents H4 petition is approved for new employer later today. As existing employer H4 petition already approved.
This is a non-issue. H4 is not tied to any employer, it is rathet tied to the primary H1B.
Note that the I94 with the most recently approved H4 will govern the status of your spouse. Just keep a note of H4 expiry which may not match your H1B expiry from your current employer.