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chandu2205

H1B denied I-797 with old Employer valid

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Hi ,

I moved to Company B with I-797 receipt, after 5months I-797 denied. I still have valid I-797 with my Old Employer A till 10/2020.

Is it possible to move to my old Employer and keeping same client? If Yes what is the process

Do I need to file Amendment for new location

Do I need to do any other things to work with my old Employer

 

BR//

Chandu

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The old employer was required by law to inform USCIS that you no longer work there. That means the old H1 petition was revoked.

If the old employer wants to hire you back the have to file (and pay for) a new H1 petition.

 

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4 hours ago, chandu2205 said:

Is it possible to move to my old Employer and keeping same client? If Yes what is the process

Old Emp will have to file a new peititon to hire you back.

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Is it possible to move to my old Employer and keeping same client? -- as per law if employee moves out, employer must let USCIS know and revoked H1B. Your old employer must have done it else it will be illegal. If they did and if you want to go back they need to submit new H1B petition,

 

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14 hours ago, chandu2205 said:

Is it not possible to work with old I-797 ? again I need to file new I-797 to work with old Employer?

The old employer by law had to inform USCIS that you no longer work there. That made the old I-797 invalid. If they didn't inform USCIS they would have to pay you for all the time you weren't working for them.

If they want to hire you back they have to file a new H1 petition.

Edited by JoeF

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On 3/26/2020 at 1:22 AM, chandu2205 said:

Is it not possible to work with old I-797 ? again I need to file new I-797 to work with old Employer?

Unfortunately, Old petition will not work. It will be treated as a new job.

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