H1B Denied : Going back to Previous Employer

[chandramohan19]

Hi,

Need help/suggestion .

I was working on a H1B with Employer A (I-94 valid till March 2014) till July 31,2012. I got an offer from Employer B and initiated H1 transfer (on PP) and joined them on Aug 20,2012. It resulted in an RFE for which Employer B responded to. On Oct 29th, got a denial notice from USCIS. Now planning to go back to Employer A.

Question:

i) Employer B has run my payroll from Aug 20,2012 till Nov 15,2012. Is it legal for me to go back to Employer A as I found that he has not revoked my H1 and also my I-94 with him is valid till Mar 2014.

ii)When I initiate my GC with Employer A, will it create any problems like audit issue or RFE?

Request your valuable help. Thanks.

[testuser968]

Since you moved to employer B while H1 transfer in process - either your employer A need to refile new cap-exempt petition to recruit you or since you have a valid stamp you can leave the country and re-enter with employer A new offer letter and other related documents.

[t75]

Why should he want to reemploy you? He has to make a place for you in his crew.

[rahul412]

Hi,

Need help/suggestion .

I was working on a H1B with Employer A (I-94 valid till March 2014) till July 31,2012. I got an offer from Employer B and initiated H1 transfer (on PP) and joined them on Aug 20,2012. It resulted in an RFE for which Employer B responded to. On Oct 29th, got a denial notice from USCIS. Now planning to go back to Employer A.

Question:

i) Employer B has run my payroll from Aug 20,2012 till Nov 15,2012. Is it legal for me to go back to Employer A as I found that he has not revoked my H1 and also my I-94 with him is valid till Mar 2014.

ii)When I initiate my GC with Employer A, will it create any problems like audit issue or RFE?

Request your valuable help. Thanks.

What is your status from Nov 16th onwards??

Who is your employer now?

[chandramohan19]

I have rejoined my employer A from Nov 16th. Employer A consulted with his attorney and confirmed that there wouldnt be any issues with me joining him . But still I was doubtful on this and wanted to have few more legal opinions.

[chandramohan19]

Thanks t75 and testuser968. So I can just join him back without any formalities like Amendment right? except that he has to file a new LCA for me to start working at phoenix.

[testuser968]

No, you shouldn't join employer A right away. You are out of status due to empoyer-b petition got denied.

You have to leave the country and re-enter with employer-A new offer letter and other related documents.

In one word I can say you are working illegally for employer A.

[rahul412]

No, you shouldn't join employer A right away. You are out of status due to empoyer-b petition got denied.

You have to leave the country and re-enter with employer-A new offer letter and other related documents.

In one word I can say you are working illegally for employer A.

Petition was rejected on Nov 15th and joined another employer A on Nov 16th, so how can you say that he is working illegally. Moreover employer A still has a valid petition for OP.

[testuser968]

On Oct 29th, got a denial notice from USCIS --

fundamentally if he worked for employer B on/after oct 30 is also illegal.

When a employee resigns from previous employer and joins the new employer while H1- transfer is pending, He can't directly go back to old employer irrespective of the old employer revoked the petition or not.

[rahul412]

On Oct 29th, got a denial notice from USCIS --

fundamentally if he worked for employer B on/after oct 30 is also illegal.

I am sorry. I think you are correct. I read it as petition rejected on Nov 15th.

Mohan, if your petition was rejected on Oct 29th, how did you worked till Nov 15th with that employer??

[chandramohan19]

I am sorry. I got the notification of H1 denial through the USCIS website on Oct 29th,2012 and did not receive it on Oct 29. . Please find the notification from USCIS as below. However the denial notice took time to reach my company and reached in the week of Nov 12,2012. Furthermore there were 15 days time given as per the instruction below. Notice received on hand only in the week of Nov 12,2012 and the immigration team went over the options and told me to resign on Nov 15,2012 . I joined my old employer on Nov 16,2012.

Decision

On October 29, 2012, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of October 29, 2012, please call customer service at 1-800-375-5283 for further assistance.

[testuser968]

There is no grace period. Once the attorney office receives the email notice about denial any genuine employer/Attorney will ask the employee not to come to work from the next second.

The simple fix is cross the border since you have valid visa stamp.

[rahul412]

There is no grace period.

That's correct, but not sure whether USCIS starts counting once after sending the Email or once the attorney receives the notice by hand.

[chandramohan19]

I had received an email from my old employer's(One of the big Indian IT MNC) immigration attorney as follows on Nov 13,2012 after they received the H1 denial notice and started to work for my old employer from Nov 16,2012.

"Hello,

Chandramohan is authorized to work for ******** in the U.S. only until Thursday, Nov 15, 2012(after associate receives notice from GIT of H denial). Chandramohan's termination from NA payroll should take effect by Friday, Nov 16,2012. Chandramohan will not begin to accrue days in unlawful presence until I-94 expiration date (March 26,2014) , but he is not authorized to work for ******* US during this time. This is assuming that Chandramohan does not have an I-485 and EAD filed by a previous company. In that case, if he has a valid EAD(NOT OPT based), he can continue working in ******* without a gap in US work authorization."

By the way I dont have a visa stamp and have been working because of a valid H1 petition alone.

[chandramohan19]

Anyway I have also asked my previous employer for the copy of denial notice received from USCIS. Lets see if they give it. If they provide, I will mail it to you guys if you are okay with it. I also thought of going back to my city (Chennai) for H1 stamping and re-entering. But considering the amount of rejection rate there, I am not going to take a chance. Either continue if my stay is legal or file for new transfer again through my Employer A are the options I will be pursuing.

Thanks testuser968 and rahul412 for your kind help and suggestions.

[Avijit2003.2003]

But I think u can continue work for your company A happily as every h1 is considered separately.

What is your situation now?

[Yash999]

Hi

Chandra mohan i am sailing on the same boat i got my rfe denied today can i go back to my previous employer A your experience is highly valuable please call me at ********** thanks.

[Yash999]

Hi Chandra mohan i am in same situation please let me know if everything went smoth... where there any problems further in stamping green card etc..

 

You reply will be deeply appreciated and any other involved in thread...

 

Regards,

YASH

[JoeF]

You do realize that this thread is almost 3 years old, do you?

It is unlikely that the OP is still around.

[rakeshhh]

Hi ,
I have got an big issue,
I came to US on Jan 27th 2016 due to some reasons My Employer didn’t run my 2 Months(Feb & March) Pay stubs so I joined new employer on April 2016 they initiated transfer in regular processing and we are waiting for receipt. Now My Current employer initiated Premium processing on Aug 16th 2016 and they got RFE . They were few questions but mainly concentrated on Previous employee details.

Mean time My Ex Employer revoked my H1B on July, 2016. My queries are

1) RFE states that need to provide Ex – employer pay stubs but unfortunately I don’t have those.
2) In case if I don’t provide Pay stubs will my visa get rejected?
3) My Current employer saying they will put a complaint on my Ex employer about pay stubs to Labour.

Can someone tell me, what will be USCIS decision on this?

Thanks
Rakesh

[rahul412]

On 10/8/2016 at 7:40 PM, rakeshhh said:

Hi ,
I have got an big issue,
I came to US on Jan 27th 2016 due to some reasons My Employer didn’t run my 2 Months(Feb & March) Pay stubs so I joined new employer on April 2016 they initiated transfer in regular processing and we are waiting for receipt. Now My Current employer initiated Premium processing on Aug 16th 2016 and they got RFE . They were few questions but mainly concentrated on Previous employee details.

Mean time My Ex Employer revoked my H1B on July, 2016. My queries are

1) RFE states that need to provide Ex – employer pay stubs but unfortunately I don’t have those.
2) In case if I don’t provide Pay stubs will my visa get rejected?
3) My Current employer saying they will put a complaint on my Ex employer about pay stubs to Labour.

Can someone tell me, what will be USCIS decision on this?

Thanks
Rakesh

3rd option, that is the right and legal solution to your problem.