H1b transfer & status

[harryp]

Hello,

Let's say a person holds an H1b petition for a Company A and valid visa also and he leaves the job and returns to home country for few months.

Now question are as following.
1) Can he come back to USA on the basis of new offer letter from the same Company A on valid petition and visa issues earlier?
2) Is it possible to transfer the H1b petition to a new company B and return to USA on valid visa issued for old petition?
3) What are the alternatives possible to get back to USA on H1b?

Appreciate your help in advance for answering questions.

Best Regards,
HarryP

[kabkaba]

If A has not withdrawn their petition at that time, you can use A's petition and existing Visa to return and work for A.

If A has withdrawn petition, they will have to file a cap-exempt petition and you can return after that is approved, but you can use the same existing Visa to return and work for A.

B can file a cap-exempt petition irrespective of the above and you can use the same existing Visa with B's petition to return and work for B.

[harryp]

how do I know if my petition is withdrawn or not?

I held a valid H1b petition & visa both and it has not expired yet. How do I know if my petition is withdrawn by my employer or not?
Also, I left my employer in US and returned to my home country for last 7 months. Now my old employer is ready to hire me back. Can I travel to USA without any recent pay-stubs based on new offer letter and old approved valid petition and visa?

[kabkaba]

I held a valid H1b petition & visa both and it has not expired yet. How do I know if my petition is withdrawn by my employer or not? -- The employer will know.
Also, I left my employer in US and returned to my home country for last 7 months. Now my old employer is ready to hire me back. Can I travel to USA without any recent pay-stubs based on new offer letter and old approved valid petition and visa? -- Read the above reply, already answers this question. Paystubs are evidence of having maintained H1 status and there is no H1 status outside of the US, so there is nothing to maintain.

See above.