I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions:
1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected? Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
1. The answer is No. A prior approved H-1B is not overruled by a subsequent H-1B through another employer. If you have signed any contracts that's a different issue, but as far as immigration law is concerned, having one, two, three or even twenty subsequent H-1B approvals have no effect on a previously approved H-1B.
2. The answer is Yes.
3. Not at all. As long as your employer A has not been revoked and employer B/A still maintains your status you are fine.
4. Any employer or any number of employers can file for your green card as there is no limit. The only issue is are you doing it in good faith. Is it an honest intention to join them upon approval of the green card. These are issues that you should discuss with your lawyers who are processing your green card. More...
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