H1b Transfer in progress with employer-B, rejoin previous employer-A

sahu_satya76

sahu_satya76

New Member
Hi,

Please advice me in the below issue.

1. With Employer-A, original visa got expired on September 3rd, 2018

2. Extension filed by Employer-A and got approved on October 9th, 2018, got approval till June 2021. But by then I had decided to leave and joined employer-B just after got the extension approval notice(did not receive the hard copy). Left Employer-A on 11th October,2018.

3. Joined Employer-B on October-15, 2018 with H1b transfer filed on regular. Till now in pending state.

4. Employer-A wants to rehire me and they have have released the new offer letter.

Questions:

1. Can I join Employer-A with my earlier approved petition?

2. If not, then can I go ahead for new H1b transfer with Employer-A?

3. What will happen if Employer-B application gets RFE/denied?

4. Please suggest the best case for me.


Thanks in Advance.
 
As long as employer A has not withdrawn approved H-1B you are good to go back & make sure have employer B withdraw filed & pending H-1B.
 
Employer-A replied saying: they have to file new H1b transfer with new offer.
I am worried if Employer-B does not withdraw the transfer application and if I receive RFE/denial, and transfer filed from Employer-A, then what will happen to my case.
Note: I have a valid I-94 from Employer-A from my previous extension till June 2021.
Can you please advice.
 
Employer A should've informed USCIS and withdrawn the petition once an H1b employee leaves. They should re-petition (and pay again) to re-hire this employee. Usually an employer's attorney should handle H1b-related matters.
 
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