H1B Transfer Denial , Can I go back to previous employer

[ap_reddy]

Experts,

 

From Employer A(consulting firm) , I had a H1B visa valid till sept/2016.My I-94 also valid till Sept/2016.

I got a permanent position with Employer B on June/2015 and due to the suspension of premium processing , I joined Employer B based on receipt notice only.

 

Now my H1B transfer case was converted to premium processing , expecting the result by end of July.

 

In case , If my H1B transfer denial happens ( Just worst case) can I go back to my previous employer-A.

 

My employer-A told he will not revoke my H1B until Mid of August 2015.

 

Thanks & Regards

Praveena 

[rahul412]

Since you have started working for your new employer, I don't think you can simply go back to your old employer. You need a new H1 from your old employer.

[victor_26]

Yes as long as your employer is willing to take you back.

[JoeF]

The old employer has to timely inform USCIS that you no longer work there. If they don't do that, they are a in violation of the law, which makes them a fraud company.

Until they inform USCIS they also have to continue paying you.