H1b Help...urgent

[coolyogs]

I have got my H1b visa transferred from company A to company B, but after working with company B for 5 months I want to go back and work for company A. Does the company A has to again file for a transfer or can I start working with company A on the earlier petition?

 

[Triple Citizen]

A transfer would be needed in my opinion.

I have got my H1b visa transferred from company A to company B, but after working with company B for 5 months I want to go back and work for company A. Does the company A has to again file for a transfer or can I start working with company A on the earlier petition?

 

[Amber Triplett]

New Petition Required

I have got my H1b visa transferred from company A to company B, but after working with company B for 5 months I want to go back and work for company A. Does the company A has to again file for a transfer or can I start working with company A on the earlier petition?

Since you have utilized the portability provision and transferred to the second employer, you must wait until the H-1B change of employer petition has been approved for company B before you can petition again to work for company A.

However, since you are maintaining your current employment with company B, you can begin employment with company A as soon as you file a new change of employer petition for employment with company A. Under portability, you do not have to wait until the petition is approved for employment with company A, but may begin as soon as USCIS receives the petition.

If the petition with company B hasn't been approved to date, you can file a premium processing upgrade and USCIS will be required to adjudicate the case within fifteen (15) days of filing.

Amber Triplett
atriplett@usimmigrationandvisasolutions.com