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KDR

H1B Transfer Approved for Short Duration. Can I stay back with my previous employer?

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I am currently working with Company A on H1B and I have a valid visa until Sept 2020.

In July, 2019, I have received an offer from Company B and I have initiated visa transfer process/new filling under cap exempt.
However, I still continued to work with Company A during the process.

On Oct 17, 2020 my H1b petition with Company B (new employer) was approved, but only for a duration of two months (Until Dec 31, 2019).
 
Since, I received a short approval, I opted not to join Company B (new employer) on short duration visa, and requested them to revoke 2months H1b approval and to file a new one.
 
At this point, I am still continuing my employement with Company A with valid H1b until Sept 2020. Not resigned still actively working under their W2.

Upon approaching the Company B  immigration attorney to revoke Company B Approval, Below was his response:
 
Per Last Action Rule, Benifeciery (I) should immediately travel out and reenter the U.S. using the previous employer's approval notice and a verification letter from the previous employer in order for the status to be re-associated with them. 
 
My Company A attorney stated that 'Last Action Rule' does not apply to H1B Transfer and mentioned that I can continue with Company A without any issues. Revokation of Company B will not have any impact on my status with Company A.
 
I am confused, I was always under the impression that I can stick to my previous employer even after approval of transfer/new petition with new employer. Please advice...
 

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Your Company A is correct in this case. If you want to be over cautious, you can travel out side the country and come back with new I94. 

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