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Can i Move back to my old Employer(B)?

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  • Can i Move back to my old Employer(B)?

    H1 petition filed by current Employer(C) is in RFE( Not responded ) ,so planning to move back to Employer(B) whose H1B petition still valid till MARCH 2018 and I-94 is also valid till same date( Got this from Approved I-797 document of Employer-B). I have valid paystubs from Employer(C) till date.

    But,I don't have valid VISA on passport and My I94 as per official portal (https://i94.cbp.dhs.gov/I94/) is valid till 09 / 29 / 2015(Both of this were from employer(A)).

    Please advice me if i can move back to Employer(B).
    Last edited by imiuser; 11-28-2016, 08:26 PM.

  • #2
    Originally posted by imiuser View Post
    H1 petition filed by current Employer(C) is in RFE( Not responded ) ,so planning to move back to Employer(B) whose H1B petition still valid till MARCH 2018 and I-94 is also valid till same date( Got this from Approved I-797 document of Employer-B). I have valid paystubs from Employer(C) till date.

    But,I don't have valid VISA on passport and My I94 as per official portal (https://i94.cbp.dhs.gov/I94/) is valid till 09 / 29 / 2015(Both of this were from employer(A)).

    Please advice me if i can move back to Employer(B).
    Yes, if you leave US and re enter by showing B's petition. If you do not wish to leave US, then have B file an I129 in premium, and if B's petition is approved with a new I-94 then you can join them, though I doubt that B's petition will be approved as you currently appear not to be in valid status as C's petition is not yet approved.

    This is my opinion not legal advice.

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