H1B transfer and join back old company

A

ak19

Registered Users (C)
My friend was working on H1B with A company . Leave it and join company B after transferring the H1B to B company. Worked for three months.
Joined back company A on previous H1B. Company A not filed any amendment or
other procedure.Pl let me know if my friend is working legally or some problem here.

What happen to A companies H1B? When Company B transfer his H1B to their name.

Does company A need to do some thing like some amendment or its fine.

If its is illegal then what now my friend and company can do. Since these guy is already working since last two months. If they send any thing to INS now they will say how this guy started working .So there may be trouble.
 
normally company A should have paid for those 3 months, in which case it is acceptable to use the old visa. Otherwise your friend should have done another transfer.

Ask your friend to step out of country, get a new I94 and continue working for company A. Ask your friend to not to go near a US consulate for a year or so.
 
Case in detail..

Thanks for reply

Company A : My friend was working till December 2002 for A company and has visa stamped on his passport with this company till May 2004

He joined company B by H1B transfer on Jan 6 th 2003 . Received approval only in May 2003

He left company B and joined company C on March 2003 with approval receipt from Company B. Company C filed transfer of H1B .received only in May 2003 just 15 days after company B H1B came in.

Before receiving the H1B approval he went to India due to emergency at his home and came back on stamped visa and got new I 94. Pl note entered in USA on Company A visa stamped on passport .He recived his approved H1B visa letters only after entering in to USA on new I 94 on company A's visa.


July 2003 ,he joined back company B ,without informing INS. Now he is working last three months with Company B and wants to file green card with pre approved labor. I 140 concurrently.

Does his H1B issue is going to create problem .since company B not filed fresh H1B while taking him back.

Now if at all here is problem with H1B then it is for whom for company or to this guy. And how he can over come?

Consider this If company B is ready to file H1B amendment to INS,then how amendment should be filed considering he is currently working for this company . How INS can react.


In I 140 and I 485, what he refer which H1B visa and expatriation date. Company B or Company C.

Should he file I140 and I485 now or wait for to resolve the H1B issue.
 
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It is definitely a problem for the applicant. It is a big spaghetti without a sauce.
Maybe need to do a new H1, consult a lawyer.
 
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