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Company A --> Company B --> Company A new petition needed?

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  • Company A --> Company B --> Company A new petition needed?

    Hello Immihelp,

    I recently changed my jobs and had my H1B petition transferred. I joined the new company two weeks ago, but think that they are about to close the US operations. As I understand, H1B petition transfer doesn't necessarily mean a 'transfer' but just another I-797 approval, if the old company is ready to give me my job back, will they need to file another petition or can I still use the earlier one?

    Thank you very much for your thoughts in advance!

  • #2
    You can use the old petition if it is still valid. There are few complications in going back to work for the old employer after working for the new employer. If you absolutely don't want to take any chance, then the best option is to leave the country (return all your I-94s) and return back on Company A's petition which will get you a new I-94 at the POE associated with Company A's petition.
    Not a legal advice. Use of this information is strictly at your own risk.

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