Transfer of H1B to old employer while H1B extension current employer in progress

[Bellevue_Indian]

1. I have an approved H1 B petition from company A until Sep 2016 and i left company A in Oct 2014. Note: Company A do Consulting services.
2. My H1B petition with company B was until Nov 2015 and extension is in progress and now they asked me to resign by 14th Jan 2016.
3. Can i come back on company A H1B petition, which is valid until 2016 as i have a job offer with Client.

Do i need to apply for a new petition for any consulting firm in premium process or can i start working with old employer without filing a new petition?

[shervin143]

You cannot go back to the previous employer just like that. You have two options.

1) The previous employer should file a transfer. (or)
2) You should leave the country and return back using your previous employer's approval notice. For this, you need to carry proper documents to prove that the job still exists.

[Bellevue_Indian]

Transfer of H1B to old employer while H1B extension current employer in progress

shervin143
You cannot go back to the previous employer just like that. You have two options.

1) The previous employer should file a transfer. (or)
2) You should leave the country and return back using your previous employer's approval notice. For this, you need to carry proper documents to prove that the job still exists.


1. If i go with option A then what will happen to my current extension, which is in progress through company B?
2. If my Previous employer (Company A) files my extension before Jan 14 then can i start working from Jan 15th and once my transfer is complete then do i need to go out of US for Stamping?
3. Will i be in status if i resign on Jan 14th if i dont apply for an extension with my former employer (Company A) before 14th. Most probably my employer will apply for extension by 18th.

[shervin143]

1. If i go with option A then what will happen to my current extension, which is in progress through company B?
>>> The extension can go through or it can be withdrawn by the employer. Transfer and extension are two separate processes and they don't interfere with each other. However, if your current I-94 has already expired, then filing a transfer from B to A will be a problem because the transfer will fall into bridge petition. In which case, without the extension getting approved, the chances of transfer getting approved is very less. If employer B withdraws their petition, your transfer back to A will be in trouble.

2. If my Previous employer (Company A) files my extension before Jan 14 then can i start working from Jan 15th
>>> Yes. But if your I-94 with B has already expired and if B withdraws their petition, then your transfer to A might get approved for consular process. Which means, the time spent in U.S after your I-94 expiry date will be treated as illegal stay. If this is the case, then it is better you leave and re-enter rather than filing the transfer. If you file the transfer, better file it in premium.

and once my transfer is complete then do i need to go out of US for Stamping?
>>> You need to do that only if your transfer gets approved for consular process. If it comes with a new I-94 attached to the approval, then you are all good.

3. Will i be in status if i resign on Jan 14th if i dont apply for an extension with my former employer (Company A) before 14th.
>>> No. You will go out of status.

Most probably my employer will apply for extension by 18th.
>>> A gap of three days is fine. But if employer B sends a withdrawal notice before that, then it will be a problem.