H1 - Change of Employer - Can I move back to my ex-employer

Y

yran

New Member
Hello Rajiv,

I have an H1B visa question on Change of Employer and validity of my H1 with my old employer. I would appreciate your response to it.

Here is my question:
After completing my masters from US, I got my H1 filed through a Consulting company (Company A) which started in Oct, 09. I worked for them on corp-to-corp basis for Company B for couple of months. I paid whole amount for my H1B (infact more than that).

Company B recently gave me a full time offer and wanted to sponsor my H1B They have filed a Change of Employer from A to B, the decision of which is about to come within few days.

However, Company B is relatively small/unstable and I am worried that they might shut-down or do a massive round of lay-offs. Incase that happens, can my ex-employer still retain my visa or do they have to immediately revoke my visa as soon as I move to Company B. (Please note that my older H1 is not stamped yet as I have not travelled out of US since my H1 came).

Thanks in anticipation for your response !
 
If your employer A does not cancel your H1 then you could return to them anytime during the validity of that approved employment.

However, if they cancel the H1 you can only return to work for them if they file another change of employer petition.
 
Thanks fromnaija for your response !

To clarify further, does that mean that even if I get a visa through my new employer, my ex-employer can keep my visa for as long as they want? Please note the fact that my new employer is filing a 'Change of employer'.

Thanks again !

fromnaija said:
If your employer A does not cancel your H1 then you could return to them anytime during the validity of that approved employment.

However, if they cancel the H1 you can only return to work for them if they file another change of employer petition.
Click to expand...
 
Yes that's correct. Stamping of your visa on your passport is a different thing than having H1 approval. As long as your old employer do not cancel your H1 approval with them, you could return to them in the future if the approval has not expired by then.
 
yran said:
Hello Rajiv,

I have an H1B visa question on Change of Employer and validity of my H1 with my old employer. I would appreciate your response to it.

Here is my question:
After completing my masters from US, I got my H1 filed through a Consulting company (Company A) which started in Oct, 09. I worked for them on corp-to-corp basis for Company B for couple of months.
I paid whole amount for my H1B (infact more than that).
----------------- You were not to Supposed to pay. US employer must pay the Fee to USCIS for H1.
Company B recently gave me a full time offer and wanted to sponsor my H1B They have filed a Change of Employer from A to B, the decision of which is about to come within few days.

However, Company B is relatively small/unstable and I am worried that they might shut-down or do a massive round of lay-offs. Incase that happens, can my ex-employer still retain my visa or do they have to immediately revoke my visa as soon as I move to Company B.
-------------------past employer can revoke the H1 by writing to USCIS when you move to B.
(Please note that my older H1 is not stamped yet as I have not travelled out of US since my H1 came).

Thanks in anticipation for your response !
Click to expand...

If the past employer has not revoked H1 approval or H1 petition by writing to USCIS then one can return to previous employer if that employer has job for you. FYI at this time most of the employer revoke the H1 approval by writing to USCIS.
Don’t mix visa stamp with H1 petition or H1 approval. VISA stamp is under DOS and H1 petition is filed with USCIS.
 
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