QUESTION
Do I have to inform USCIS if I am sticking to Company A and not joining Company B on H1B?
Asked on Mar 26th, 2015 on Immigration - Maryland
More details to this question:
I am currently employed by Company A on H1B petition valid until Aug 2017. I recently got an offer from Company B who applied for H1B transfer which is approved and valid until Feb 2018. Due to personal reasons, I've decided to not join Company B and have conveyed my decision. I have NOT resigned at Company A. Per my knowledge, I understand H1B with Company A remains valid. Since I have informed Company B that I would not be able to join, Company B will be withdrawing the petition. Please confirm, if I can continue to work for Company A as the petition is still valid. Do "I" have to inform USCIS that I am still employed at Company A? Am I affected by "Last Action" rule, which in this case perhaps indicates that I was supposed to be working for Company B? Thanks,
1 ANSWER
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The last action rule pertains to the last action concerning status and I have not heard that it would apply to invalidate work at a current employer if the applicant decides not to change over to a new employer for whom a petition has been approved by U.S.C.I.S. in the same category. The withdrawal by company B should be sufficient to notify U.S.C.I.S. that the petition is no longer valid. You do not have to independently inform U.S.C.I.S. that you are still working for company A. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 24th, 2015 at 6:05 AM