Switching back to old employer after joining new company on h1b receipt notice

[manuv1984]

Hi,

I recently applied for h1b transfer from Company A to Company B. The status of the same is 'Initial review'.

I decided to join Company B on H1b receipt notice.

I signed my offer letter to start with Company B from 7th Jan 2013. Unfortunately, the project for which I was selected by Company B was scrapped and they are looking for new projects currently.

Company B is ready to generate payroll during this the time frame from 7th Jan 2013 to the time when I get a new project.

Can I use my old H1 B (I797) with Company A to go back and work for them if they have not revoked it?

If yes, is continuity of payroll with Company A necessary as per DOL?

OR

Will the payslips I get from Company B during this time period (After Jan 7) suffice?

If the Company A has to generate payroll during this time period as per DOL, will the two payslips from two different companies cause conflict?

Can anybody please help me with this concern.

Thanks in advance.

[pontevecchio]

Would you define " ready to generate payroll"?

[manuv1984]

by 'generate payroll' I meant 'generate payslips' and pay me some amount, if not full.

[pontevecchio]

The generated slips should include full payment as per the LCA and this amount needs to be actually paid to you. The B company has to pay you till they lay you off AND also inform the USCIS that they are revoking the H1 petition. Lie low. Talk to A and ask them if you can join them back.

[metroguy]

Yes you can work either way. A person can hold multiple H1B's at a time, but he has to work for a single employer at a point of time

1) if employer A dint revoke ur H1B you can very well go back to him.

2) work for employer b as along as they pay you on bench and then look for and transfer your h1b to another employer based on paystubs from employer B

[manuv1984]

The generated slips should include full payment as per the LCA and this amount needs to be actually paid to you. The B company has to pay you till they lay you off AND also inform the USCIS that they are revoking the H1 petition. Lie low. Talk to A and ask them if you can join them back.

Thanks again, pontevecchio.

If A is ready to take me back, from my understanding, they will have to show continuity of payroll generation for me.

If B also generates payroll during that period, will there be any issue of payroll generation by multiple companies for the same time period?

[manuv1984]

Thank you metroguy.

Yes you can work either way. A person can hold multiple H1B's at a time, but he has to work for a single employer at a point of time

1) if employer A dint revoke ur H1B you can very well go back to him.

2) work for employer b as along as they pay you on bench and then look for and transfer your h1b to another employer based on paystubs from employer B

As per this option, do I need to transfer to a company C based on the receipt notice for company B and the available paystubs?

[pontevecchio]

A cannot pay you when you were not working for them. Please rein in your understanding. That is not correct. But generated pay slips can result in serious harm. Actually being paid will not.

[rambabu1234]

Hi pontevecchio

I am in similar situation.

Can you please read my post below & guide me what to do..!!!

http://forum.murthy.com/index.php?/topic/52427-h1-transfer-when-can-we-start-working/

Thx

Ram

[Attorney_25]

I assume when B says they are "generating payslips" they mean they have hired and are actually employing you, although you are not currently working on a project. This is appropriate. It is not correct that you can only work for one H-1B employer at a point in time, but certainly A cannot pay you for a period you are not working for them, and continuity of pay is not an absolute requirement. It would be helpful to A to have proof of your resignation and rehire, and proof of your employment at B, if questions should arise. Theoretically A should have notified USCIS when you resigned, but even if they have not, or under certain circumstances even if they have, you can still return to A. Or have you even resigned from A? This is a heavy legal area and really requires a qualified, competent attorney to navigate all the issues I see here.