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


Recommended Posts

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...
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.