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  • Want to go back to my previous employer

    I had a valid H1b Visa till 2017 from employer "X". Employer "Y" initiated my H1 transfer on PP last month Oct and got an RFE(Client letters) recently. I started working with employer "Y" with the receipt number. Deadline for RFE is mid of Jan. So far I got 2 pay checks from employer "Y".

    I had good terms with my previous employer "X" and H1 is not revoked yet and I know it is still VALID. Now due to some reason I want to go back and work with my previous employer X. Below are my doubts:

    1. Can I go ahead and work with my previous employer "X" since I had valid visa till 2017?

    2. In case if I start working again with previous employer "X" should I ask employer "Y" to with draw the h1 transfer?

    3. If employer "Y" withdraw the h1 transfer will it effect to my current H1B visa which is valid till 2017?

    Reply is much appreciated. Thanks you.

  • #2
    Originally posted by Rao1209 View Post
    I had a valid H1b Visa till 2017 from employer "X". Employer "Y" initiated my H1 transfer on PP last month Oct and got an RFE(Client letters) recently. I started working with employer "Y" with the receipt number. Deadline for RFE is mid of Jan. So far I got 2 pay checks from employer "Y".

    I had good terms with my previous employer "X" and H1 is not revoked yet and I know it is still VALID. Now due to some reason I want to go back and work with my previous employer X. Below are my doubts:

    1. Can I go ahead and work with my previous employer "X" since I had valid visa till 2017?

    2. In case if I start working again with previous employer "X" should I ask employer "Y" to with draw the h1 transfer?

    3. If employer "Y" withdraw the h1 transfer will it effect to my current H1B visa which is valid till 2017?

    Reply is much appreciated. Thanks you.
    This is one of the reasons why one should not join an employer merely on the receipt basis. You cannot go back to X unless Y's petition is approved OR you leave US and re enter using X's petition using a valid H1 visa.

    This is my opinion not legal advice.

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    • #3
      You cannot go back to employer X unless, employer X files a transfer from Y to X. Alternatively, you can leave the country and re-enter using X's petition to begin working for them. You cannot just like that go back to work for X since you have already started working for Y and you have payslips from them.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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