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gc.aspirant

H1B Transfer to the same employer while the old H1B is in withdrawal process

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Here is my situation:

1. Transferred my H1B from Company-A to Company-B

2. Last day at Company-A was on 9/6/2019

3. Joined at Company-B on 9/9/2019

4. Company-A already sent H1B revoke request to USCIS on 9/9/2019

5. I did not like Company-B, and would like to go back to company-A as soon as possible

6. Company-A is ready to transfer my H1B back to them

Questions:

Q1. Do I need to wait till I get 3 pay slips from Company-B to initiate my H1B transfer to Company-A? 

Q2. Would there be any risk to transfer to Company-A, while my previous H1B petition from Company-A is in the process of withdrawal? 

For example:

1. Company-A placed withdrawal request on 9/9/2019

2. Company-A applied for my H1B transfer again on 10/15/2019, while the pervious petition's withdrawal request is still not processed by USCIS

3. I receive my new H1B approval for Company-A on 10/25/2019

4. USCIS processes the previous H1 withdrawal from company-A on 11/1/2019

5. Am I still be in legal status? Does the previous H1B withdrawal (initiated on 9/9/2019, processed on 11/1/2019) has any effect on the latest approved H1B (initiated on 10/15/2019 and approved on 10/25/2019) from the same Company-A?

 

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Since your withdrawal letter to USCIS for the original petition for Comany A is already sent out, your original petition is no longer usable. 

Company A will file for a new H1B request which will be whole new case and mostly problably will not have any impact on your pending/approved withdrawal. 

You will be in legal status (from the dates your provided) as you are working on your approved I797 for Company B currently. 

Regarding paycheck's, hoepfully by the time Company A files for a petition to transfer you will get atleast one paycheck. 

I would let Company A talk to an attorney to find the best possible way to handle it. 

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