H1B transfer in progress and rehire by previous employer

[sahu_satya76]

Hi,

Please advice me in the below issue.

1. With Employer-A, original visa got expired on September 3rd, 2018,

2. Extension filed by Employer-A and got approved on Oct 2018, got approval till June 2021. But by then I had decided to leave and joined employer-B just after got the extension approval notice(did not receive the physical copy). Left Employer-A on 11th October,2018. 

3. Employer-B H1b transfer filed on regular, till now pending state. Joined Employer-B on October-15,2018.

4. Employer-A wants to rehire me and they have offered me also.

Questions:

1. Can I join Employer-A with my earlier approved petition?

2. If not, then can I go ahead for new H1b transfer with Employer-A?

3. What will happen if Employer-B application gets RFE/denied?

4. Please suggest the best case for me.

 

Thanks in Advance.

[NotAnAttorney]

1. They should have withdrawn the petition by now , by law they should inform USCIS that you are no longer working with them or pay for all these months.

2. If withdrawn, a new H1B petition( transfer) should be filed by Emp A.

3. as your i-94 is still valid, you can find some other employer who could file for your H-1B.

[pontevecchio]

If A has not revoked the H1 as he is supposed to do, by all means go back.

[sahu_satya76]

I just got the confirmation from the Employer-A that they have revoked my petition. Does that mean that I-94 is no more valid?

Can I still join them while Employer-B petition is in progress state?

A quick reply will help me.

[pontevecchio]

A will need to file and get a H1 petition approved for you to join them. 

[xTDx]

16 hours ago, sahu_satya76 said:

I just got the confirmation from the Employer-A that they have revoked my petition. Does that mean that I-94 is no more valid?

Can I still join them while Employer-B petition is in progress state?

A quick reply will help me.

Employment at A is gone. The only way now is to get approved via B. You can now work with B on receipt notice until a decision is made on the transfer application.