H1 transfer company A- Company B

[kim11]

Hello,

I switched from Company A to Company B. (H1B transfer is currently in progress (in USCIS says "we have received your case") [transfer being done using normal process]).

Now it's been 3 months since joining company B and have some 6 paystubs.

Company A hasn't revoked/cancelled my H1B and still wants me back.

Now can I switch back from B to A with the old valid i797b form of Company A?

What are the repercussions and will it be a future problem for green card.

Any answers would greatly help.

Thanks,
KIM

[raghvi]

Hello,

I switched from Company A to Company B. (H1B transfer is currently in progress (in USCIS says "we have received your case") [transfer being done using normal process]).

Now it's been 3 months since joining company B and have some 6 paystubs.

Company A hasn't revoked/cancelled my H1B and still wants me back.

Now can I switch back from B to A with the old valid i797b form of Company A?

What are the repercussions and will it be a future problem for green card.

Any answers would greatly help.

Thanks,
KIM

Well, A will need to file a fresh petition first. Though it may be cap exempt, USCIS will first ask to prove a valid approved petition for your current employer, which you do not have currently. Since you will not be able to provide B's approved petition, USCIS will most likely approve A's petition as consular process, that is without a new I-94 (if all other things in the petition are fine). This will need you to leave US, and re enter on A's petition, with a valid H1 visa in order to work for A.

This is my opinion not legal advice.

[kim11]

Thanks raghvi..

thank you for replying...