this is my 4th post--Urgent Help-H1B transfer (Back to previous employer)--Shervin/ot

[ananda]

Hello Shervin/Kabkaba/other friends,

I really need your help with my current situation:

I have done my MS in US and I got my H1B in 2010 with start date of October 1st until Sep 2013 with Employer 'A'. It was a EVC model. I have been working with Employer A since then and got a FT opportunity with a Direct Client (Employer 'B') in Healthcare domain which has more than 30000 employees. They (Client B)have initiated my H1B and i unfortunately started working with Direct Client 'B' just with the receipt notice i got for H1B transfer. My Previous employer 'A' has no idea about my transfer yet and my previous H1B has still not revoked my previous Employer). Now, i got an RFE for the transfer for which i donot want to answer as iam no more interested with the FT job and want to go back to my previous Employer. I would like to withdraw my transfer petetion. Its been 3 months that i have been working with Employer B (Direct Client).

So my questions are:

1. Is it legal that i can go back to my previous employer and work without any issues?? I understand that it would be problem for me when i go for stamping but other than that will there be any other issues i would be facing?? (I would want to work for one more year and go back to India for good, so iam not worried of even going for stamping)

2. Can USCIS revoke my previous petition for any reason??

3. Will my current employer come to know at any point about my H1B transfer i initiated??

4. Will their be any black mark on my employer?? ( I dont want the company to be in trouble becoz of my actions as my employer helped me when i was going through a tough period)?

5. Any other issues/complications you think of??

Also, i would like to thank all the help you are providing to us through this forum which is awesome. Thanks again

[shervin143]

When you said that you started working for employer B without the knowledge of employer A, who was running your payslips for the last 3 months? Were you getting paid from both the employers? If you were getting paid only from employer B, then how come employer A is not aware of it? Were they not paying you when you were under their H1B sponsorship?

[ananda]

Shervin,

Yes, only Employer B is paying and the Employer A is not paying as i do not have a project with him for now but will be start paying once i join another project. I understand that this is not a best practice, but i have no other option other than going back to my previous employer. So,

will there be any issues if i go back to my previous Employer (Employer A) ??

As i said i will not be going for stamping ever as i would be going to India for good after 1 r from now, so can i go back to previous employer?

[new_aspirant]

Hi,

I had gone through a somewhat similar situation.

Answers to your questions.

1) If your H1 from Client B is not approved. Dont worry you are still employee of Employer A. If you have not filled I-9 form with Employer B. You cannot accept salary from Employer B in this situation. You have to return it as per my understanding. Because your H1 transfer has failed.
2) USCIS will not revoke your previous H1 petition as long as your Employer A informs them.
3) Employer A will not come to know about H1 transfer until you tell him.
4) Nothing should happen to the Employer A reputation.
5) Tell your company A to run your regular payroll as it is illegal not to pay to H1 employee. If you are not receiving the salary slips. You will not be able to transfer your H1 to anywhere else. You cannot accept salary from Employer B. You have to return your wages to Employer B as per my understanding. Inform about the situation to Employer A. Come back to India if you are not getting salary / payslips. Find a project from here and return to US in future. If you continue living there without Salary / Payslips you are spoiling your situation.

Take care.

[shervin143]

It is not allowed. The best option to go back to employer A now is to leave the country and return back on employer A's petition and get a new I-94 associated with employer A and start working. The H1B sponsor is supose to pay you irrespective of whether you have a project or not. H1B is a full time job. They either have to pay you or let you go by revoking your petition.

Another alternative is, make employer A pay for the last 3 months to fill the gap. But the problem here is, your pay from employer B. You cannot get paid from two different employer at the same time.

The very best option is to leave and re-enter. But that could also be a problem since you were not been paid by employer A for the last 3 months and you need to prove that the job still exist. Probably you should consult an immigration attorney.

Shervin,

Yes, only Employer B is paying and the Employer A is not paying as i do not have a project with him for now but will be start paying once i join another project. I understand that this is not a best practice, but i have no other option other than going back to my previous employer. So,

will there be any issues if i go back to my previous Employer (Employer A) ??

As i said i will not be going for stamping ever as i would be going to India for good after 1 r from now, so can i go back to previous employer?