H1 transfer to previous employer

[deepak_gc]

Hi All,

 

I was working for Employer A and I have valid H1 visa till May 2016 with EB2- I140 approved from employer A.

 

Last year i switched to Employer B where i got renewed H1 visa till May 2017.

Employer B is in process of filing Labor for my case.

 

Now I am planning to join back employer A where H1 b is still valid. Employer A is still holding my h1 and they have not revoked by H1 or I140.

 

I need few clarification from expert on following questions. Your answers will be a great help to clear the confusion.

 

1. Can you advise me any precaution I need to take care before I start work for employer A?

 

2. Does Employer A need to file new h1 transfer?

    if yes, Can Employer A get new H1 expiry till May 2017?

 

3. If Employer B terminates my H1 after I resign, will it have any impact on me status?

 

4. Also my passport is stamped with visa by Employer B till may 2017. Do I need get new visa stamping with Employer A visa if i travel out side before may 2017?

 

thanks in advance for your help

[jairichi]

Employer A did not follow US immigration laws. Once you stop working for then by law they should have canceled your H1B petition.

1. Employer has to file a cap exempt H1B petition before you can start working for them.

2. Refer 1. Expiry is based on project validity and USCIS discretion.

3. No, as long as employer has filed a cap exempt H1B petition by then.

4. No.

[deepak_gc]

Thanks jairichi.

[samtel143341]

deepak_gc, May i know how did your stamping go with your old employer I140.