Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
Mallik3982

H1 Transfer Denial and Joining Old Employer again

Recommended Posts

Hi, I moved from company A to company B in March, 2019 and joined on receipt with company B.

I got RFE asking for client letter and answered RFE in premium processing.

Today I got denial for the transfer petition with Company B. 

Can I go back to my old Company A since their petition and I94 are still valid?

My old company has not sent my H1 for revocation. Though it has been 4 months now. 

Meanwhile Company B is again trying to file a new H1 again.

Can I check with Old company A if they want to take me back ?

Share this post


Link to post

The old company was required by law to inform USCIS that you no longer work there. That's mandatory. If they didn't do that they would have to pay you for the time you didn't work there. No sane employer would risk that.

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

Edited by JoeF

Share this post


Link to post

As per law employer is supposed to let USCIS know that employee left the compnay and no longer works for them and get H1B revoked. First check whether A did not break any law.

Share this post


Link to post

I have checked for status of Petition of Client A and it has not been revoked.

Meanwhile Company B has filed for new LCA and planning to apply New H1 end of this week.

What are my option now while Company B is filing new H1.  

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×