H1 transfer back to previous employer

[chandrajeet]

Hi All,

I need some immediate guidance. I just joined a new company 4months back after transferring my H1. The new company has received a RFE and the transfer is not yet complete. Now, at this point because of economic slowdown they are laying me off. If I want to go back to my previous employer what should I do? This 17th is the query date USCIS asked for. If the new company is not proceeding with the H1 transfer what will be my status, please suggest. Anyone has any interim solution please let me know. My previous employer hasn't canceled the H1 and its not expired yet.

Peace & Regards
Chandrajeet

 

[ginnu]

Hi All,

I need some immediate guidance. I just joined a new company 4months back after transferring my H1. The new company has received a RFE and the transfer is not yet complete. Now, at this point because of economic slowdown they are laying me off. If I want to go back to my previous employer what should I do?
-------------------------------------if your previous employer has not canceled your H1 by writing to USCIS and they have job for you then you can join previous employer.
This 17th is the query date USCIS asked for. If the new company is not proceeding with the H1 transfer what will be my status, please suggest. Anyone has any interim solution please let me know. My previous employer hasn't canceled the H1 and its not expired yet.

Peace & Regards
Chandrajeet

--------------

 

[chandrajeet]

But what about this RFE? Should my current employer reply to it or not?
What if they Withdraw from the Petition after the lay-off.

Can I directly go back to the previous company or I have to goto India to restamp?

ginnu, If you wish please leave me your contact no at chandrajeet (at) gmail . I want to discuss with you.

thanks,
Chandrjaeet

 

[ginnu]

But what about this RFE?

Should my current employer reply to it or not?
-------------------employer should reply
What if they Withdraw from the Petition after the lay-off.
---------------------that is ok if you join your past employer who has valid H1 petition for you.
Can I directly go back to the previous company or I have to goto India to restamp?
------------------------- if you have valid I-94 through previous company and join them then no need to go out.
*** for more info you should talk to your lawyer
thanks,
Chandrjaeet

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[chandrajeet]

Thanks for your kind replies.
Could you also tell me, how do I know whether I have a valid I-94?
I once travelled to India when I was working with my previous employer and have a departure/entry record attached in my PP. Is that the I94?

Regards,
Chandra

 

[ginnu]

Thanks for your kind replies.
Could you also tell me, how do I know whether I have a valid I-94?
---------if you made a trip out of US then at POE you got the White I-94 that is attached to your passport and that is I-94 and it shold be valid till your H1 visa stamp. If your employer filed H1 extension then your I-94 will be attached with H1 extension approval notice and look at lower Right side of H1 ext approval notice(the I-94 that is attached to H1 extension approval is not White it will have the same color of H1 Ext approval notice)

I once travelled to India when I was working with my previous employer and have a departure/entry record attached in my PP.
Is that the I94?
----------------------yes and that has validity date on it Valid till..... and your passport was also stamped when you enter US and the stamp in passport also have Valid Tilll.....
Regards,
Chandra

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[lt21]

Hello all,
I am in a very similar situation to that of the OP. I was approved for an H1 with company A while on OPT, applied for another change of status (F-1 to H-1) with company B before the start date with A. Now B has terminated the offer and said they withdrew the H1 petition. Company A, however, has not withdrawn their petition. I still have a copy of the I-797.

Now my question is: Can I go back to my home country and wish to return to the US, say in a couple of months. If yes, then what documents will be needed to present at the consulate? It may be worth noting that I have not left the US since my F-1 initial entry.

I would really appreciate any advice and/or insight. Thanks!!