H1 B - 2 employments with same employer on same visa

[Nimrata]

Hi,

I wanted to know the implications if an employee working for a US co. on a H1, resigns, comes back to India, joins the subsidiary of the same co., resigns again,and joins the parent co in US on the same H1 processed earlier.

Is this valid? Can you help me with the link to any information/rule which prohibits this? Does the parent co. have to reapply for a H1 for the person, though the re-employment is within the H validity period?

Please advise.

Regards,

Nimrata

 

[nkm-oct23]

Originally posted by Nimrata
Hi,

I wanted to know the implications if an employee working for a US co. on a H1, resigns, comes back to India, joins the subsidiary of the same co., resigns again,and joins the parent co in US on the same H1 processed earlier.

Is this valid? Can you help me with the link to any information/rule which prohibits this? Does the parent co. have to reapply for a H1 for the person, though the re-employment is within the H validity period?

Please advise.

Regards,

Nimrata

You can continue on the existing H1 if ALL of the following are true:
1. Your job description and title remains the same,
2. Your salary remains the same as what you earned at the time of leaving,
3. The employer has not canceled your H1 or used LCA to hire someone else.
It also makes sense to check with employer's immigration counsel.