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URGENT -- Can I use old and valid H1 petition to start job?

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  • URGENT -- Can I use old and valid H1 petition to start job?

    I got an approved H1 petition from Employer A while I was in India.

    Then I got another approved H1 petition from employer B and then travelled to USA on that petition (employer B).

    Now, my job with employer B in USA is about to be over and I am trying to find another employer in USA.

    My old petition with employer A is still valid not cancelled(not revoked).


    Question 1:
    ----------
    Can I use the same old petition and start working for employer A right away?
    OR
    Are there any complications involved?


    Question 2:
    -----------

    Does employer A need to file a new LCA if I want to join them on an already existing approved H1B?
    OR
    Can I simply join them and get the payroll started?



    Please let me know urgently as I have very limited time left to make decision..

  • #2
    Originally posted by tejas24478 View Post
    I got an approved H1 petition from Employer A while I was in India.

    Then I got another approved H1 petition from employer B and then travelled to USA on that petition (employer B).

    Now, my job with employer B in USA is about to be over and I am trying to find another employer in USA.

    My old petition with employer A is still valid not cancelled(not revoked).


    Question 1:
    ----------
    Can I use the same old petition and start working for employer A right away?
    OR
    Are there any complications involved?


    Question 2:
    -----------

    Does employer A need to file a new LCA if I want to join them on an already existing approved H1B?
    OR
    Can I simply join them and get the payroll started?



    Please let me know urgently as I have very limited time left to make decision..
    From when to when A's petition was valid? As a new LCA would be required because even if job location, role etc remain same, am sure over 3 Years the salary levels have changed so a new LCA and an H1 amendment would be required.

    This is my opinion not legal advice.

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