Can I transfer to previous employer with whom my H1b petition is not yet revoked by USCIS


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Hi,

I worked with Company A and got my H1 visa stamping done with company A. ( VISA End date: 08-Aug-2020, I-94 from website has 08-Aug-2020 as I94 expiry date)

Then I moved to Company B and got I797 with end date 21-Dec-2019 and I-94 date on this I-797 is 30-Dec-2019. (I did not travel outside USA after changing to company B).

Also, my H1B extension with Company B is in progress and I got RFE.

 Current Status of H1 B petition with company A  is "Correspondence Was Received And USCIS Is Reviewing It".

As the petition with company A is not yet revoked by USCIS can I rejoin company A  after 30-December 2019  (which is after I-94 of company B petition expires) ?

Thanks in advance.

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The employer obviously informed USCIS that you no longer work there. That means the old H1 is gone, even if USCIS hasn't formally revoked it yet.

If the old employer wants to hire you back they would have to file a new H1 petition.

Edited by JoeF
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