Want to work with current employer but H1B is tranferred to new employer-wht to do

[pandeyspecial]

Hi All,

Currently I am working with company A and my visa is transferred to company B (I-797 with B is approved). I told employer A about transfer to B and A is ready to transfer my visa back to A from B.

Now I asked employer B about my decision and asked for I-797 and employer B is refusing to provide.

I have receipt number and date.

Employer A is saying that they will file with I-797 approved with B but my question is

1. Does US CIS need I-797 from employer B to tranfer my petition back to A?
2. What will happen if I don't provide the I-797 from B.

Any information is greatly appreciated.

[jnk]

1. Yes.
2. Employer A can request copy of approved I797 from USCIS.

[shervin143]

Have you already started working for employer B? If not and if you are still working for employer A, and if employer A's petition and I-9 are still valid, then there is no need to file a transfer back from B to A. You can continue to work for employer A. But if you have already started working for employer B, then a transfer need to be filed from B to A to work for employer A.

Hi All,

Currently I am working with company A and my visa is transferred to company B (I-797 with B is approved). I told employer A about transfer to B and A is ready to transfer my visa back to A from B.

Now I asked employer B about my decision and asked for I-797 and employer B is refusing to provide.

I have receipt number and date.

Employer A is saying that they will file with I-797 approved with B but my question is

1. Does US CIS need I-797 from employer B to tranfer my petition back to A?
2. What will happen if I don't provide the I-797 from B.

Any information is greatly appreciated.

- - - Updated - - -

Employer A cannot request USCIS to send them employer B's approval notice. USCIS will decline any such requests.

2. Employer A can request copy of approved I797 from USCIS.

[pandeyspecial]

Have you already started working for employer B? If not and if you are still working for employer A, and if employer A's petition and I-9 are still valid, then there is no need to file a transfer back from B to A. You can continue to work for employer A. But if you have already started working for employer B, then a transfer need to be filed from B to A to work for employer A.



- - - Updated - - -

Employer A cannot request USCIS to send them employer B's approval notice. USCIS will decline any such requests.

I am yet to join employer B but I need to know if there is any legal issue now or in future with non availability of apprval notice from employer B. If it may create any issue then I will have no option other than joining employer B but if its OK, then I would prefer to continue with A.

[shervin143]

It is nice to have all your approval notices. But you are legally allowed to continue to work for employer A. There won't be any issues.

I am yet to join employer B but I need to know if there is any legal issue now or in future with non availability of apprval notice from employer B. If it may create any issue then I will have no option other than joining employer B but if its OK, then I would prefer to continue with A.