H1 Transfer Back to Previous Employer


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Posted
I was working in H1b visa with company A.I797 valid till sept-2016 for company A. Upon getting receipt notice I started working for company B from 4 month and continuing. My H1b transfer is still in process( got RFE and responded on June 2nd 2015). 

If I decide to continue to work with my old employer, Company A, irrespective of whether the transfer is accepted or denied, is it legal?Company A did not revoke my H1B

 

If it is not legal, what are the best possible options to work for previous Employer(company A.)

Posted

Your employer A violated US immigration laws by not revoking your H1B petition after you stopped working for them. Employer A has to file a cap exempt H1B petition based on which you can join them.

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