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sandy392

H1B Transfer/ Extension

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Hi

I was employed with a company and I changed my company back in March 2017. Now, I wanted to go back to my old company. Old company didn’t cancel my H1 yet and it is valid until April, 2019. Since I have been with a new employer from March 2017 to present, do I have to file a H1B transfer or can I switch back to my old employer with same H1b petition as it was not revoked yet. Please  advise how does this work

Secondly, do I qualify for premium processing if I have to transfer or moving back to an old employer on the same petition with an extension works ? Thank You!

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You can go back to your previous employer BUT they will have to file a new petition on your behalf. You cannot go back on the previous petition since you stopped working for them. 

A new petition with the previous employer WILL NOT qualify for premium processing. Premium processing is only applicable for a petition with NO change. In your case, the employer is changing.

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Since your prior H1B has not been revoked, you can rejoin your employer right away. They do not need to file any paperwork for you.

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1 hour ago, Ravi G said:

Since your prior H1B has not been revoked, you can rejoin your employer right away. They do not need to file any paperwork for you.

An employer is required by law to notify USCIS when the beneficiary stops working for them. 

The information you provided is incorrect. 

The previous employer will have to file a new petition.

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9 hours ago, Chicagom34 said:

You can go back to your previous employer BUT they will have to file a new petition on your behalf. You cannot go back on the previous petition since you stopped working for them. 

A new petition with the previous employer WILL NOT qualify for premium processing. Premium processing is only applicable for a petition with NO change. In your case, the employer is changing.

At this condition of Going back , Can he stay in US and Re-apply ? Within what time he has to reapply , after rejection ? 

- If previous employer has revoked , Can he look for new employer and reapply , With out leaving US ? 

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1 hour ago, jagjag said:

At this condition of Going back , Can he stay in US and Re-apply ? Within what time he has to reapply , after rejection ? 

 - If previous employer has revoked , Can he look for new employer and reapply , With out leaving US ? 

If you have valid I-94, the previous or a NEW employer can file a new petition on your behalf and you can join them on the receipt (very risky to do that given the RFE and rejection trends). 

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14 hours ago, Ravi G said:

Since your prior H1B has not been revoked, you can rejoin your employer right away. They do not need to file any paperwork for you.

The employer is required by law to inform USCIS of an H1b termination and rescind the petition. Do not dole out advice that borders on illegality. The employer should file (and pay for) a new petition. 

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