Hi,
My friend is on H1-B from a non-profit organization (company A). He moved to a new job 3 weeks back which to a private company (company B). The company B applied for the H1-B in regular processing and he joined the new
company. His 2nd H1-B hasn't been approved yet. Only the receipt is in hand. Since it is a cap subject case, he is hoping that the decision will be only after October 1st 2006, so that he can work on portability clause.
However, due to various reasons, he wants to go back to his old job. His first H1 is not revoked and he is still technically on pay-roll (on vacation). The old employer is still in good relations with my friend and agreed to put him on vacation and then take him off the pay-roll.
He submitted his I-9/W4 at the company B, but hasn't received payment yet.
Is it possible for him to go back to his previous job without any problems with the legalities of H1-B? The I-94 is valid until next year.
If gong back to old job is possible, what are the implications if the company B pays him his salary? Can he take it?
Does the back-ground checks in future (by companies) show this brief employment?
Does this affect his eligibility for Green card?
Any suggestions will be greatly appreciated!
My friend is on H1-B from a non-profit organization (company A). He moved to a new job 3 weeks back which to a private company (company B). The company B applied for the H1-B in regular processing and he joined the new
company. His 2nd H1-B hasn't been approved yet. Only the receipt is in hand. Since it is a cap subject case, he is hoping that the decision will be only after October 1st 2006, so that he can work on portability clause.
However, due to various reasons, he wants to go back to his old job. His first H1 is not revoked and he is still technically on pay-roll (on vacation). The old employer is still in good relations with my friend and agreed to put him on vacation and then take him off the pay-roll.
He submitted his I-9/W4 at the company B, but hasn't received payment yet.
Is it possible for him to go back to his previous job without any problems with the legalities of H1-B? The I-94 is valid until next year.
If gong back to old job is possible, what are the implications if the company B pays him his salary? Can he take it?
Does the back-ground checks in future (by companies) show this brief employment?
Does this affect his eligibility for Green card?
Any suggestions will be greatly appreciated!
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