H1b Portability Basic Information - Urgent .....


amanc

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Hi Everyone,

 

I want to know how is h1b portability application different from a basic premium h1b transfer?

 

Also I want to know can I go back to my old employer A after H1b portability application of transfer is denied and my old employer has not revoked my h1b?

 

Say after 40 days of the receipt of of h1b protiblity application, I have already joined emp. B. I already have one paycheck by now and now my h1b gets denied after an rfe. Can I still go back to old employer A. Will old employer A also has to run backdated payslips?

 

Thanks,

Chandra.

 

 

Thanks,

Chandran.

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H-1B poratbility simply means a change of employer application has to be  filed.  The term  transferis incorrect as nothing gets transferred  and new application has to be filed.

Employer can request premium ( 15 calender days) or regular processing for any H-1 application.

 

If you join new employer B your old employer A has to revoke petition so you cannot join him unless new petition is filed. If you have not joined new employer B and the new employers petition is denied you can keep working with the old employer A.

 

For the scenario with 40 days past joining new employer B you cannot go back to employer A as petition for A is revoked. Do not try to do fraud like running paycheck and such things will only make the situation worse.

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Hi, 

 

Thanks for the reply. Can I request my old employer not to revoke the petition. Is it legal not to revoke petiton as I have heard people keep 2-3 h1b at the same time.....

 

If this happens can I go back to old employer after the new employer has ran one payslip that is app. 40 days with new employers is over?

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Hi,

 

I have one more question apart from the one I sent already. Some forum says if you return to the old employer B, then the old employer is liable to pay all back dated salary. So in my case if I return after 45 days I will have a one pay from the new employer A. And when I go back to my old employer I will also have all backdated pay from employer B...... correct my understanding and let me know if thats legal..... I think I can work it out as long as this is legal....

 

Thanks to everyone in advance?

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Hi, 

 

Thanks for the reply. Can I request my old employer not to revoke the petition. Is it legal not to revoke petiton as I have heard people keep 2-3 h1b at the same time.....

 

If this happens can I go back to old employer after the new employer has ran one payslip that is app. 40 days with new employers is over?

 

The employer is required by law to inform USCIS when the person stops working for him.

USCIS will then revoke the H1 petition.

Again, this is BY LAW!

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Hi, 

 

Thanks for the reply. Can I request my old employer not to revoke the petition. Is it legal not to revoke petiton as I have heard people keep 2-3 h1b at the same time.....

 

If this happens can I go back to old employer after the new employer has ran one payslip that is app. 40 days with new employers is over?

Legally employer has to revoke petition. so you cannot switch back without new H-1b filing by old employer. 40 days is 3 payslips if done bi-weekly which is standard method.

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Hi,

 

I have one more question apart from the one I sent already. Some forum says if you return to the old employer B, then the old employer is liable to pay all back dated salary. So in my case if I return after 45 days I will have a one pay from the new employer A. And when I go back to my old employer I will also have all backdated pay from employer B...... correct my understanding and let me know if thats legal..... I think I can work it out as long as this is legal....

 

Thanks to everyone in advance?

if you are not working for old employer  for ~45 days they  do not need to pay you.

Trying to " work it out" is fraud.

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Thanks everyone, but I still have a questions, I have read forum where people keep atleast 2-3 active h1b. And whichever employers get them a better project they keep switching all year round. How does that work then!

You can have 2-3 or more employers file H-1b  for you. It still does not change the fact that H-1b has to be revoked if you leave your employer.

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