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H1 Transfer from company A to B and back to A

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  • H1 Transfer from company A to B and back to A

    I completed my MS and joined company A that did my H1 in 2005 and its valid til oct 1 '08.

    Last year, i got a full time oppurtunity and have transferred my H1 to company B. But, worked only for few months and left that company (B) and they cancelled my H1 in Jan '08. So, i went back to Company A, as they have never cancelled my H1. Although, company A is unaware of my switch. So, they welcomed me back and i started to work for company A again.

    Now, I have to go visit india for few weeks. SO, i am planning on getting my h-1 stamped.

    Can someone please let me know if my status is still legal. When Company B cancelled my h1, should company A had to file some sort of ammendment for me? Is it advisable to go for stamping now?

    Also, Company A has filed my H1 extension recently as my old h1 is expiring on oct1 '08.

    Any help is greatly appreciated.

    Thanks

  • #2
    Originally posted by kaanha
    Can someone please let me know if my status is still legal. When Company B cancelled my h1, should company A had to file some sort of ammendment for me? Is it advisable to go for stamping now?
    Why are you asking this question now? You should have asked before you made the switch. Even if it is illegal, what recourse do you have now?

    Luckily, if Company A has not cancelled the H1b and you have not travelled outside the US since switching to B, you can go back and work for A provided the H1b is still valid and it is legally allowed.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks a ton for the reply

      Sincerely appreciate your prompt reply.

      Another question, if you dont mind. Now that PIMS has been implemented, before i go for stamping do i need to send both my old and new H1 information for verification to the consulate?

      Also, would they issue me a visa until the end of my new H1 validity date (i.e. oct '11) or would they issue me until this oct and ask me to come back later for the new h1 stamping?

      Will greatly appreciate your reply
      Thanks

      Comment


      • #4
        Why are you bothered about the old company? Your current I797 that is being used for the visa stamping is needed in PIMS. If both the petitions are submitted during stamping, you will get the visa until 2011. I have personally experienced this scenario.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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