Do I need to transfer my visa.

[mustbeit]

Hi,

 

   I need your advice,  My current visa stamping is with Company A, I transferred my visa to company B and have been working with them, I want to move back to company A.  Do I need to file for transfer my H1 back to company A or can I start working with company A, with no transfer required,

 

I got this reference from my attorney, any input is valuable.

 

 An H-1B beneficiary may return to the original employer, after having switched to another employer, "if the original petition is still valid". This was determined by an INS Headquarters written policy in 2002, and as a matter of agency policy, it has never been changed. However, you should check the USCIS website under the original WAC number to be sure it was never withdrawn or revoked. There is almost certainly no law or policy commenting on it. In the event of a petition withdrawal, it is not predictable how the USCIS would react."

 

 

 

 

[jairichi]

Hi,

 

   I need your advice,  My current visa stamping is with Company A, I transferred my visa to company B and have been working with them, I want to move back to company A.  Do I need to file for transfer my H1 back to company A or can I start working with company A, with no transfer required,

 

I got this reference from my attorney, any input is valuable.

 

 An H-1B beneficiary may return to the original employer, after having switched to another employer, "if the original petition is still valid". This was determined by an INS Headquarters written policy in 2002, and as a matter of agency policy, it has never been changed. However, you should check the USCIS website under the original WAC number to be sure it was never withdrawn or revoked. There is almost certainly no law or policy commenting on it. In the event of a petition withdrawal, it is not predictable how the USCIS would react."

Check whether company A has revoked your H1B. If they have not then you can join. Otherwise a cap exempt petition has to be filed by company A and on approval you can join.

[t75]

A company should have notified US authorities that you were no longer employed with them.