H1 transfer - Can it be revoked?

[madhurip]

I am in the middle of H1 transfer process. I changed employer A to B and started H1 transfer by Feb'05.The trnansfer is not yet approved. The new employer B is paying me for last 2-3 months. Now, if I want to to back to employer A, can I revoke the transfer process? Or if some query (for H1 transfer) comes in, can I leave the transfer process and go back to employer A.
Please advise. Thanks to you all.
M

 

[newamerican]

you can go back to employer A

Anytime you can go back to your previous employer provided he has not revoked your h1.
Regarding the transfer in progress i will suggest you to wait for either approval/query/rejection, after that your employer B can inform USCIS to cancel in case of approval or query, whereas in case or rejection need not do anything.

 

[madhurip]

Incase of rejection?

Thanks for your reply. My problem is, during this H1 transfer process, INS asked for additional document i.e. last year W2. I dont have sufficient earnings on that W2, which should equal or almost equal to the one mentioned on H1 papers. I hope, this would definately put me in trouble, if I submit my W2. So I started thinking, why shouldnt I go back to the old employer by leaving this H1 transfer process as it is. Is it possible?
Please advise.
Thanks.

 

[orangetreats]

You have a problem there ....You have mentioned that you are being paid by employer b... But you have not yet got your H1 application approved by employer B.... If you decide to switch to employer A in the midst of transfer and revoke employer B H1 visa application ... you are letting yourself into "out of status/illegal employment" situation...which will definitely screw up you green card during 485 stage on grounds of invalid work authorization .....

Thanks for your reply. My problem is, during this H1 transfer process, INS asked for additional document i.e. last year W2. I dont have sufficient earnings on that W2, which should equal or almost equal to the one mentioned on H1 papers. I hope, this would definately put me in trouble, if I submit my W2. So I started thinking, why shouldnt I go back to the old employer by leaving this H1 transfer process as it is. Is it possible?
Please advise.
Thanks.