Want to go back to previous Employer on HiB

[mail2nikhil]

Hi 

My Situation is like this. 

I was with Company X and my i94 is valid with them till 30th Sept 2013. Recently I changed my Job and moved to Company Y. Company Y applied for my H1 transfer in Premium processing and received a RFE on 19th August 2013. Still I went ahead and left Company X on Aug 23rd 2013 and joined Company Y on 27th August.  

But after I joined this company I found that this Job is not suitable for me and the promises made with me were different then the actual condition. 

Currently they are in process of replying on my RFE.

 

My question is that since its only 3-4 days when I joined Company Y and not comfortable with this Job, can I join back Company X which still have my valid H1 till Sept 30 2013 and ask them to do my H1 extension? 

 

Will it create any legal issues or will I be fine with this move? 

[jairichi]

 

Hi 

My Situation is like this. 

I was with Company X and my i94 is valid with them till 30th Sept 2013. Recently I changed my Job and moved to Company Y. Company Y applied for my H1 transfer in Premium processing and received a RFE on 19th August 2013. Still I went ahead and left Company X on Aug 23rd 2013 and joined Company Y on 27th August.  

But after I joined this company I found that this Job is not suitable for me and the promises made with me were different then the actual condition. 

Currently they are in process of replying on my RFE.

 

My question is that since its only 3-4 days when I joined Company Y and not comfortable with this Job, can I join back Company X which still have my valid H1 till Sept 30 2013 and ask them to do my H1 extension? 

 

Will it create any legal issues or will I be fine with this move? 

 

Since there is a break in payroll with company X and you had joined company Y and would have begun your payroll with them I believe your company X has to apply for a H1B petition for you. Wait for other members to give their opinion

[mail2nikhil]

Thanks for the reply Jairichi. 

So you mean to say that even if my previous employer holds my valid valid i797 till 30th Sept 2013 still they will have to go for a new petition? 

FYI, my new Company Y is yet to reply on the RFE and its still in approval process. 

[jairichi]

Thanks for the reply Jairichi. 

So you mean to say that even if my previous employer holds my valid valid i797 till 30th Sept 2013 still they will have to go for a new petition? 

FYI, my new Company Y is yet to reply on the RFE and its still in approval process. 

I believe you could go back but the only thing that could be a problem would be you being on company Y payroll and also you would have signed I9 document from employer Y. Wait for other members to give their opinion.

[mail2nikhil]

Hi Can anyone please reply on my query. Its urgent for me to know if I can go back or not. That way I would be able to take my decisions quickly. Please help me. 

[geethb]

Hei Krishna12a, Consult an attorney. You would be well served on critical time sensitive issues

[pontevecchio]

You need to ask X whether they will take you back.