changing and going back to previous employer on H1B

[sammy22345]

Hi

 

I was working with company A (consulting company ) on H1B  , then I joined company B on H1B (as a full time) . Now I want to go back to company A on H1B.

 

 

Comp A -- worked around for 7 months -- consultant -- H1B validity Oct 2016

Comp B -- worked for almost year -- full time . --- H1B validity --- Mar 2017

 

As Comp B not able to do my GC now, so I spoke to my consulting company and they are ready to take me back..

 

The H1B from comp A was not revoked, so:

 

1) Do I need to intiate a transfer of H1B from comp B to comp A

2) can I go and join Comp A any time,  based on previous H1B validity of 2016?

3 ) If I do transfer from comp B to comp A, and it get rejected and I resigned from my full time opportunity (comp B)... i will be out of sttaus immediarely as comp B will revoke the petition immediately.

 

please let me know what should be the best way..

 

[jairichi]

I believe you can exit and enter with valid H1B visa and I797 of company A.

[JoeF]

So, you want to go back to a company that breaks the law?

As per the DOL, with them not revoking the H1, they would be liable to pay you backpay for all the time you weren't there...

Obviously, that consulting company is clueless, and a GC would likely run into problems.

[sammy22345]

Hi

 

I did not get your point , is it in the context of going out of USA and coming back ? I am not planning to go out of USA.

 

The H1B from comp A was not revoked, so:

 

1) Do I need to intiate a transfer of H1B from comp B to comp A ?

2) can I go and join Comp A any time,  based on previous H1B validity of 2016?

3 ) If I do transfer from comp B to comp A, and it get rejected and I resigned from my full time opportunity (comp B)... i will be out of sttaus immediarely as comp B will revoke the petition immediately.

 

please let me know what should be the best way..

[jairichi]

Hi

 

I did not get your point , is it in the context of going out of USA and coming back ? I am not planning to go out of USA.

 

The H1B from comp A was not revoked, so:

 

1) Do I need to intiate a transfer of H1B from comp B to comp A ?

2) can I go and join Comp A any time,  based on previous H1B validity of 2016?

3 ) If I do transfer from comp B to comp A, and it get rejected and I resigned from my full time opportunity (comp B)... i will be out of sttaus immediarely as comp B will revoke the petition immediately.

 

please let me know what should be the best way..

Read what JoeF said. It is wrong from company A not to revoke your H1B petition after you left the company. Having said that company A can file a cap exempt H1B petition and you can move back.

[JoeF]

Hi

 

I did not get your point , is it in the context of going out of USA and coming back ? I am not planning to go out of USA.

 

The H1B from comp A was not revoked, so:

 

1) Do I need to intiate a transfer of H1B from comp B to comp A ?

2) can I go and join Comp A any time,  based on previous H1B validity of 2016?

3 ) If I do transfer from comp B to comp A, and it get rejected and I resigned from my full time opportunity (comp B)... i will be out of sttaus immediarely as comp B will revoke the petition immediately.

 

please let me know what should be the best way..

 

Employer A would have to pay you, even for the time you didn't work there, because they didn't revoke the H1.

See http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

"What are an H-1B employer's obligations with respect to a nonimmigrant worker whose employment ends (e.g. termination, resignation, or move to another employer) prior to the end of the LCA validity period?

...

Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

 

That's why every employer with even the slightest clue will inform USCIS that the person no longer works there, so that USCIS can revoke the H1.

That employer A is obviously completely clueless if he didn't revoke the H1. What other laws does the employer violate??? You will likely end up in trouble with such a clueless employer.