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H1B Transfer to the same employer while the old H1B is in the process of withdrawal

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  • H1B Transfer to the same employer while the old H1B is in the process of withdrawal

    Here is my situation:

    1. Transferred my H1B from Company-A to Company-B

    2. Last day at Company-A was on 9/6/2019

    3. Joined at Company-B on 9/9/2019

    4. Company-A already sent H1B revoke request to USCIS on 9/9/2019

    5. I did not like Company-B, and would like to go back to company-A as soon as possible

    6. Company-A is ready to transfer my H1B back to them


    Questions:

    Q1. Do I need to wait till I get 3 pay slips from Company-B to initiate my H1B transfer to Company-A?


    Q2. Would there be any risk to transfer to Company-A, while my previous H1B petition from Company-A is in the process of withdrawal?


    For example:

    1. Company-A placed withdrawal request on 9/9/2019

    2. Company-A applied for my H1B transfer again on 10/15/2019, while the pervious petition's withdrawal request is still not processed by USCIS

    3. I receive my new H1B approval for Company-A on 10/25/2019

    4. USCIS processes the previous H1 withdrawal from company-A on 11/1/2019

    5. Am I still be in legal status? Does the previous H1B withdrawal (initiated on 9/9/2019, processed on 11/1/2019) has any effect on the latest approved H1B (initiated on 10/15/2019 and approved on 10/25/2019) from the same Company-A?

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