**Jim/Jaxen Gurus!! Interesting H1 Transfer Problem!!! Urgent!!!**

S

srikanthvb

Registered Users (C)
Hello All!
I was working with a company A on a H1B visa and the visa is valid till 2005. I have Company A's visa stamped on my passport. I transferred it to Company B in Jan 2003. I got the approval and new visa from INS Back. I was on Payroll of Company B till Feb 21. I quit the company recently because they were in process of closing down.

Company B would now be revoking my H1 Approval with them. Can I go back to company A and start working for A, without transferring my H1 back to them? Is my previous visa still valid? Can I start working for them again smoothly?. Do I have to file a H1 Transfer with INS to Company A again? If H1 Transfer is not required, is there any documentation necessary to be filed with INS?

Please note that H1 approvals in both case are not with concurrent status. Some attorneys say that I can work for Company A since my Visa and Petition is valid with them, while others say I need to transfer it back. I am confused... Please help!

Though I have posted this issue previously, I need response from experts.

Please advise.
Thanks,
Srikanth.:confused:
 
Last edited by a moderator:
Well, depending on the situation both attorneys may be correct. I'd file for an H-1 "transfer" since arguably it protects the company from liability under the benching rules for time that you were not working.

It's a judgment call and the attorney handling your case and your old company get to make it.
 
Thanks for your response Jim!

I have not been idle during any time period and I have a valid status all the while. And there are no liabilities associated for the company B.

Can I infer from your response that I need not transfer the visa back to Company A if there are no issues with both companies in me doing so?

Thanks,
Srikanth.
 
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