Introduction
When navigating the complexities of the H1B visa process, especially when involving transfers and extensions, it is crucial to understand your rights and options. This article aims to provide clear guidance on what to do when an H1B transfer and an H1B extension are approved by different employers while you are still with your current employer. We will explore the legalities, the decision-making process, and the practical implications of each scenario.
Understanding the Approval Process
The approval of an H1B transfer followed by an H1B extension from different entities is a common occurrence in the world of immigration law. Both approvals are valid until they are withdrawn, giving you the flexibility to choose your next steps. The decision to stay with your current employer (A) or join the new employer (B) is yours to make. Both options are legally permissible from an immigration perspective.
Options and Legal Considerations
Staying with Employer A (A)
Continuing your employment with Employer A is a straightforward option. This decision might be driven by various factors such as job satisfaction, benefits, or personal preferences. Importantly, you can work without any legal barriers caused by the new employer's H1B transfer approval.
Joining Employer B (B)
If you choose to join Employer B, you need to ensure that your 1-797 form with Company B is still valid. Additionally, you must either be currently in the US and have your visa stamped, or you need to obtain a visa stamp with the approved petition of Company B for a future entry to the US. This is a crucial step to ensure that you comply with immigration rules and avoid any potential legal issues.
Maintaining Eligibility and Complying with Immigration Laws
It is paramount to understand that holding a position at both companies simultaneously is prohibited. Employing yourself on the payroll of both companies would render you in violation of H1B visa conditions. Your visa status is directly tied to your employment with your authorized employer. Therefore, you must choose one employer to work for, while ensuring that the other employer's approval is considered in the context of your overall compliance with immigration laws.
Conclusion
When you face the situation of an H1B transfer and an H1B extension being approved by different employers, the decision is ultimately yours. You have the freedom to choose your next steps, but it is critical to consider the practical and legal implications of each option. From an immigration standpoint, you can either join Employer B or continue working for Employer A, provided you abide by the rules. Always consult with a legal professional to ensure you make the best decision for your visa and employment situation.
Disclaimer: This article is for informational purposes only. It is highly recommended to consult with an immigration attorney for personalized advice and guidance.