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g97

while having RFE with current employer can I switch back to my previous employer( petition still valid, didn't get revoked)

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I Got RFE for the current employer I am working for, can I switch back to  my previous employer as he still has my petition  active..

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The previous employer was required by law to inform USCIS that you no longer work there. If he hasn't done that the employment has not properly ended and he would have to pay you for the time you didn't work there.

If they want to hire you back they have to file (and pay for) a new H1 petition.

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thank you for the reply..

 

So you are saying that RFE with current employer should not be a problem , I can switch back to previous employer provided he has to file a New Petition.

No another hassels involved right ?

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The permission to work for a company and switch back and forth is impacted by whether a prior petition was withdrawn and could create an issue with getting a petition approved with an I-94 Card so one does not have to leave the U.S. It would be wise in this situation to consult directly with an attorney who can provide specific legal advice.

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