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  • H1B from two employers

    I have I140 Approved from employer A.
    Here is my situation.

    I filed from H1B extension from employer A for Client location xyz in H1B petition and Got RFE.
    In LCA Client Location as well as Employer location are listed as intended Area of employment 1 & 2.
    Meanwhile I started H1B trasfer process from Employer B and Got Approval.
    I left the client xyz and I joined the Employer B from Oct 1 based on reciept and got approval on Oct 13 then Employer B filed amendment on Oct 22 for me to join the client PQR on Oct 26.
    Employer A got approval on Oct 21.
    Employer A is asking me to re join.

    My questions are :
    1) Can I join employer A again when Client is no longer available to join back ?
    What are the risks if any ? Can I report back to my employer location which is mentioned in the LCA ?
    2) What is the procedure for the same?.
    3) Does amendment from employer B prevents me from Joining the employer A Again ?

    Can I port the I140 Prioroty date even if it is revoked?.

  • #2
    1) Can I join employer A again when Client is no longer available to join back ?
    What are the risks if any ? Can I report back to my employer location which is mentioned in the LCA ?
    >>> You cannot go back to employer A unless one of the following is done.
    1) Employer A files a transfer from B to A since you have already started working for employer B.
    2) You leave the country and return back using employer A's petition and get a new I-94 associated to their petition.

    2) What is the procedure for the same?.
    3) Does amendment from employer B prevents me from Joining the employer A Again ?
    >>> No. But you have to do one of the above to go back to employer A.

    Can I port the I140 Prioroty date even if it is revoked?
    >>> Yes. You need to have a copy of I-140.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) Can I join employer A again when Client is no longer available to join back ?
      What are the risks if any ? Can I report back to my employer location which is mentioned in the LCA ?
      >>> You cannot go back to employer A unless one of the following is done.
      1) Employer A files a transfer from B to A since you have already started working for employer B.
      2) You leave the country and return back using employer A's petition and get a new I-94 associated to their petition.

      2) What is the procedure for the same?.
      3) Does amendment from employer B prevents me from Joining the employer A Again ?
      >>> No. But you have to do one of the above to go back to employer A.

      Can I port the I140 Prioroty date even if it is revoked?
      >>> Yes. You need to have a copy of I-140.
      Hi Shervin,

      Thanks for the answers. I really appreciate it.

      I have been told that I am not authorized to work for Employer B and out of Status If I work for Employer B
      As as per the last action rule, Employer A's approval came last and Employer B's approval came earlier.
      Does Last action rule applies to my case ? Whole point of having the multiple H1B's is you can change the employer any time.

      Your answers on this would really help.

      Comment


      • #4
        Lot of people have filed for a transfer and upon approval (with new I-94) decided to stay back with their present employer. This won't be a problem.

        Originally posted by h1bnonimm View Post
        Hi Shervin,

        Thanks for the answers. I really appreciate it.

        I have been told that I am not authorized to work for Employer B and out of Status If I work for Employer B
        As as per the last action rule, Employer A's approval came last and Employer B's approval came earlier.
        Does Last action rule applies to my case ? Whole point of having the multiple H1B's is you can change the employer any time.

        Your answers on this would really help.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Lot of people have filed for a transfer and upon approval (with new I-94) decided to stay back with their present employer. This won't be a problem.
          Hi Shevin,

          Little Confusion.
          Till September 30, I was working for Employer A(Old Employer)
          Employer B is new Employer for which I am working since Oct 1, 2015. I have I94 with Approval notice for Employer B.

          Although Employer A's approval came last I am still authorized to work for Employer B as I have I94.

          I hope this is what you are saying. Can you please confirm. Thanks for your guidance on this.

          Comment


          • #6
            Yes, that is what I am saying.

            Originally posted by h1bnonimm View Post
            Hi Shevin,

            Little Confusion.
            Till September 30, I was working for Employer A(Old Employer)
            Employer B is new Employer for which I am working since Oct 1, 2015. I have I94 with Approval notice for Employer B.

            Although Employer A's approval came last I am still authorized to work for Employer B as I have I94.

            I hope this is what you are saying. Can you please confirm. Thanks for your guidance on this.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              Yes, that is what I am saying.
              Thanks for the response.

              I have one more question . in your previous answer you said In case I have to re join Employer A, Employer A needs to file a transfer.
              Employer A already have approved petition for me and they have not revoked the same,
              As per my knowledge if Employer A terminates the H1B then new transfer petition will be required. If it is not being revoked then I can re join them.

              Any input on re joining employer a will be helpful as that is also what I am thinking of.

              Comment


              • #8
                It doesn't work that way. You cannot have multiple approval notices and keep working for any employer you like. USCIS need to be notified on who your current employer is. Since you already started working for employer B (Your latest pay slips are from employer B), in order to go back to employer A, you eed to do one of the following.

                1) Employer A need to file a transfer back from B to A. (or)
                2) You should leave the country and return back using employer A's petition.

                Originally posted by h1bnonimm View Post
                Thanks for the response.

                I have one more question . in your previous answer you said In case I have to re join Employer A, Employer A needs to file a transfer.
                Employer A already have approved petition for me and they have not revoked the same,
                As per my knowledge if Employer A terminates the H1B then new transfer petition will be required. If it is not being revoked then I can re join them.

                Any input on re joining employer a will be helpful as that is also what I am thinking of.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Originally posted by shervin143 View Post
                  It doesn't work that way. You cannot have multiple approval notices and keep working for any employer you like. USCIS need to be notified on who your current employer is. Since you already started working for employer B (Your latest pay slips are from employer B), in order to go back to employer A, you eed to do one of the following.

                  1) Employer A need to file a transfer back from B to A. (or)
                  2) You should leave the country and return back using employer A's petition.
                  Hi Shervin,

                  Thanks for the response.

                  If I find a new project and Employer A files H1B Amendment for me, is it OK then to join employer A as amendment is new i129 petition mentioning that I will be working for new client at new location via Employer A.

                  Comment


                  • #10
                    They should actually file the transfer. Just amendment alone will not come with a new I-94 attached.

                    Originally posted by h1bnonimm View Post
                    Hi Shervin,

                    Thanks for the response.

                    If I find a new project and Employer A files H1B Amendment for me, is it OK then to join employer A as amendment is new i129 petition mentioning that I will be working for new client at new location via Employer A.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment

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