H1B - Going back to my Previous Employer


redmondran

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Greetings All, 

 

I got my H1 transfer approval from Company A to B on last year Oct 2013. Received new I797 until sep 2015 , 

 

By interim, Company B clearly mentioned that, they will not proceed my GC process as they have layoff people recently , this will put me in place i need to look for another opportunity where my long term goals get satisfied ,

 

Fortunate/Unfortunately , My Company A Perm is approved and they were ready to file I 140. also my passport is stamped with Company A visa until may 2014 and they also happy to taking me back . 

 

When i am taking to para-legal (Company A ) , He mentioned , it ok to start work with them back as they didn't cancel my H1B and since they also have approval of my Perm labor, 

 

Since i moved location , work with new company for almost six months , is it ok to go back with previous employer without another H1 transfer ?

If so , I guess , I need to file extension immediately as Company A visa is valid only until May 2014?

 

Any pointer is really appreciated at this moment . 

 

 

 

 

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Greetings All, 

 

I got my H1 transfer approval from Company A to B on last year Oct 2013. Received new I797 until sep 2015 , 

 

By interim, Company B clearly mentioned that, they will not proceed my GC process as they have layoff people recently , this will put me in place i need to look for another opportunity where my long term goals get satisfied ,

 

Fortunate/Unfortunately , My Company A Perm is approved and they were ready to file I 140. also my passport is stamped with Company A visa until may 2014 and they also happy to taking me back . 

 

When i am taking to para-legal (Company A ) , He mentioned , it ok to start work with them back as they didn't cancel my H1B and since they also have approval of my Perm labor, 

 

Since i moved location , work with new company for almost six months , is it ok to go back with previous employer without another H1 transfer ?

If so , I guess , I need to file extension immediately as Company A visa is valid only until May 2014?

 

Any pointer is really appreciated at this moment . 

As long as H1B petition is not revoked by employer A you can go back.

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As long as H1B petition is not revoked by employer A you can go back.

 

Thanks for the Response , 

 

So with respect to my situation , Do i need to file extension again asap as Company A visa is valid until may 2014,? 

 

or i can stay as my current employer I797A and attached i94 valid until sep 2015.? 

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Thanks for the Response , 

 

So with respect to my situation , Do i need to file extension again asap as Company A visa is valid until may 2014,? 

 

or i can stay as my current employer I797A and attached i94 valid until sep 2015.? 

Stay on valid status is based on I94 and petition validity with old employer. If both are valid you can go back.

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  • 3 weeks later...

Thanks jai,

 

their petition is valid only until may 2014, but  valid i94 until sep 2015,

 

since i decided to join my prev employer , do i need to  file extension immediately as soon as i join them back  right ? 

 

1)If we go for file extension , am i within the time period to apply  h1b extension time period since i have only a month left ?

2) do USCIS ask my employer,  haven't cancel my h1 since i moved from them in oct 2013 ? or in other way , do they have any chance to see my salary is not coming from prev employer , so they question them on my extension app?

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Thanks jai,

 

their petition is valid only until may 2014, but  valid i94 until sep 2015,

 

since i decided to join my prev employer , do i need to  file extension immediately as soon as i join them back  right ? 

 

1)If we go for file extension , am i within the time period to apply  h1b extension time period since i have only a month left ?

2) do USCIS ask my employer,  haven't cancel my h1 since i moved from them in oct 2013 ? or in other way , do they have any chance to see my salary is not coming from prev employer , so they question them on my extension app?

Yes, an extension has to be filed. By law, your employer should have revoked your H1B petition when you stopped working for them.

1. Yes. Either your employer can apply for H1B extension in regular processing or premium processing.

2. For, an extension you would need to submit latest pay stubs.

 

My suggestion would be let your employer file a cap exempt H1B petition and on approval you can join them (just in case your H1B extension gets denied).

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