Need urgent Help

P

puppy143V

Registered Users (C)
A friend of mine worked with Company A on H1, left that company and went to company B after he got his H1 approved thru them, later he moved to another company C. Now can he come back and work for A on the same H1 he had before from A or it would have expired after he has moved to company B, in which case comp A should apply for H1 again?


Please advise, he is at a cross roads and need urgent advice. I really appreciate your response.


Thanks
 
That is a gray area that I have not heard ever addressed, really. Theoretrically, one could argue that he or she took a leave of absence but had the intent all along to return to work with Co. A. However, it also be argued that once you are removed from payroll and your benefits stop, you are technically no longer employed by company A. I would say that as long as the H-1 is valid on its face and you continue to work for co. A, you will probably not experience any problems.

Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com
 
Thank you

Mr. Gabriel,

Thank you. I really appreciate your response. Since he is on the payroll on both comp-b and comp-c after he left comp-a, can we still prove the intent of comming back to comp-a?

Thanks
Prasanna
 
Ladyluck,

Technically if company "A" has not cancelled your friends H-1B, yes your friend can go back and work for company "A". Advise your friend that if he intends to work for 2 companies at the same time he would be better of filing his H-1B application for concurrent employment insted of filing it as a transfer.
 
You must log in or register to reply here.
Top