H1B Transfer - Back to old employer

[Amjad83]

Friends,

I was working for employer "A" who sponsored my H1b visa and it was valid till July, 2019. but I resigned my employer "A" in Aug,2017. And as per Nov 1st,2017 my H1b petition status is "revoked". Meanwhile I joined new employer "B" in Sep, 2017, they filed for my H1b transfer request and it is under process. And now my old employer is offering me a job and asking me to come back, and they are ready to file for new H1B transfer request based on my new or current employer's filed H1B receipt.

I am planning to return back to my old employer, please provide your inputs.

1) what are the risks (if any) if I join my old employer "A"

2) Can my old employer file for new H1B transfer petition? with conditions having old petition is revoked and another h1b transfer is under process.

[rajesh.padarthi]

14 hours ago, Amjad83 said:

Friends,

I was working for employer "A" who sponsored my H1b visa and it was valid till July, 2019. but I resigned my employer "A" in Aug,2017. And as per Nov 1st,2017 my H1b petition status is "revoked". Meanwhile I joined new employer "B" in Sep, 2017, they filed for my H1b transfer request and it is under process. And now my old employer is offering me a job and asking me to come back, and they are ready to file for new H1B transfer request based on my new or current employer's filed H1B receipt.

I am planning to return back to my old employer, please provide your inputs.

1) what are the risks (if any) if I join my old employer "A"

2) Can my old employer file for new H1B transfer petition? with conditions having old petition is revoked and another h1b transfer is under process.

It is advisable you transfer to your old employer upon approval of your H1B with new employer and make sure you have 1 or 2 paystubs with new employer to avoid any risks.

NOTE : This is not an Legal input contact your attorney before you proceed.

[Amjad83]

3 hours ago, rajesh.padarthi said:

It is advisable you transfer to your old employer upon approval of your H1B with new employer and make sure you have 1 or 2 paystubs with new employer to avoid any risks.

NOTE : This is not an Legal input contact your attorney before you proceed.

I discussed with my old employer's attorney, they said until I manage Legal status (means working with new employer & having their paystubs), they are good to file for my new H1B transfer request (without having approved petition from new employer). Is this not correct?

[bobvisa]

1 hour ago, Amjad83 said:

I discussed with my old employer's attorney, they said until I manage Legal status (means working with new employer & having their paystubs), they are good to file for my new H1B transfer request (without having approved petition from new employer). Is this not correct?

He is right .. Your old employer can file for a transfer while your current H1 is in progress as long as he can prove you are legal and getting paid. I suggest to not to give notice to your current employer till other one gets approved (File in premium). 

 

Im not an attorney .. just my personal opinion