Is my H1-B valid?

F

frustrated_2001

Registered Users (C)
Hello ALL,

******************************************

How long a company can keep the H1-B if a candidate leaves ?

When I joined back company ABC in April 2004(2 months before my Labor got approved) , they told me to use the same H1-B (I797) which was valid from Oct 2003 - July 2006. They did not file for a new H-1B.

Do you Gurus forsee any problems for not filing a new H1-B petition when I went back to company ABC ? Basically I was not part of company ABC for the period of 4 months and they did not cancel my previous H1-B.


******************************************
My Labor was filed by Company ABC in January 2004.


I have submitted three I 797s with my I-485 as below

Company ABC -> Dec 2001 - Oct 2003
Company XYZ -> June 2004 - Jan 2007(H1 receipt date Jan 2004 , approval date June 2004)
Company ABC -> Oct 2003 - Jul 2006

And the Biographic Information is as stated below

I worked for
company ABC from April 2001 - Jan 2004
Company XYZ from Jan 2004 - April 2004 (H1 receipt date Jan 2004 , approval date June 2004)
Company ABC from April 2004 - Current.


please let me know.

Thanks.
 
If your H1 (I129) did not expire and you are being rehired for the very same position as specified in LCA, your employer can use the same H1. There is no problem in it.
 
frustrated_2001,

Didn't you transfer your H-1B from company ABC to XYZ? Since it's approved, don't you need to transfer your H-1B back to ABC?
 
The Visa petition from XYZ was approved only in June 2004 and I started working in Jan 2004 for XYZ as soon as I got the EAC, but left that company(XYZ) and moved back to ABC in April 2004 before H1 was approved from XYZ.

Frustrated_2001.
 
frustrated_2001,

Since you did not withdraw your petition and they approved the petition, the USCIS thinks you are working for XYZ. How do they know you went back to ABC?

If I were you, I would talk to a lawyer to make sure my H-1B status is still valid.
 
It was not my petition to withdraw,but it was my employers'.

I asked my lawyer today and he said it should be absolutely fine. Again you know how some Desi laywers are?
I want to ask someone like Murthy or Khanna.

Thanks,

frustrated_2001
 
You must log in or register to reply here.
Top