H1b Transfer

[tosaurabhgautam]

Hi,

This is my situation: I got my h1 transfer from company A to company B in dec and joined company A in Jan. But due to some reasons, I want to leave company B. I talked to company A and they are ready to take me back. Its a staffing company and the client which I was working for is also willing to take me back. Company A's petition is valid till oct 2009. I know that I can move to old company since the petition is valid. I am not sure how is the h1 extension going on these days (rejection/approval rates given the market situation). So i want to get my old company file for an H1 transfer back to them. Is it possible given the fact that the current petition is valid. The reason I am asking this question is because if they file for h1 transfer and in case it gets rejected, I can try to get transfer to some other company. Any thoughts on this one?

Regards.
Gaurav

[tosaurabhgautam]

Hello txh1b,

Please help me answer this question.

Thanks
Gaurav

[txh1b]

Company A can apply for extension 6 months prior to H1b expiration. They can file for a transfer as well if you are working for B currently using that information. Your post has something wrong as you never mentioned that you joined B.

[tosaurabhgautam]

Hi Txh1b,

thanks for looking into this. It was typo from my side. I was working with company A for almost 1.5 yrs and had joined company B this jan. Company A said that they never revoked my old petition and as per them I can directly join them without any issues and there is no need to file for transfer. They are saying that I am still their employee. Will the USCIS cause any problems if I move back to my old company and apply for extension as they will need paystubs and my paystubs would be from company B. Will the uscis raise a question (incase i opt for a transfer back ) that why was my old petition not revoked? As per you, which is the safer option. Transfer or Extension. My old client is ready to take me back so getting a PO shouldn't be a problem.

Your input means a lot. Really appreciate your help.

Thanks and Regards.
Gaurav

[txh1b]

Your company A has to pay you for the period that you were not with them as they did not cancel the H1b. But there is little or no risk for you to move back to the old company provided the white I-94 that you have is still valid for that company and the I797 is valid. However, they have to file for an extension before the I797 expires.

[rishi09]

Last year i applied for H1b thru 2 companies and i got both approved. I got my H1b stamped through 1 of those companies and i am in US now for 4 months now. Now if the company whose h1 i have stamped is terminating my H1B what are my chances of staying in US with the other approved H1b. How can i continue to work in US using my other H1b?

Pls help me...

[tosaurabhgautam]

Hi Txh1b,

Thanks for your quick response. I do not have the I94 for my old company. I have the I94 based on the new companies I797. Actually, I went to India and came back using the new petition. However, the visa stamped on my passport is of the old company. So in that case, can i still move back based on the old petition? Will I have to go out of the country and come back using the old petition? Or is it wise to get a transfer back to the old company? Will there be any issue in getting a transfer as the old company didn't notify ins that I was not working with them.

Thanks once again.

Regards.
gaurav

[txh1b]

You could do either. Joining them after travel out and return would be safe as the I-94 may have the company name annotated but typically not needed. Consult your attorney.