Possible I 485 issue because of H1 Transfer

[MD_Rockville]

There are lots of issues about going back to company after the break. DOL expect employer to pay the salary for the break.

even when you were working for employer B during that time ? ( and getting paid from B ). Can one be paid from two employer on H1 ? i don't think so..

IMHO the issue is if you are not being paid for a finite period then there is a problem..

 

[tammy2]

even when you were working for employer B during that time ? ( and getting paid from B ). Can one be paid from two employer on H1 ? i don't think so..

IMHO the issue is if you are not being paid for a finite period then there is a problem..

that is one of the issue i am talking about.

Question : Can I take a job with my former employer again, without having to apply for the H-1 transfer back to him from the existing employer?
Answer : That is possible if one still has the H1B approval notice valid to work for the prior employer and that prior employer has not revoked or requested that the USCIS cancel the previously-approved H1B petition. The risk, per DOL policy, is that the prior employer may have to pay certain back wages to that employee.
Date : 2003-11-24

http://www.murthy.com/chatdb.php?row=1&sFor=Dol&Cat=All&B1=Search

 

[raj_send]

Thanks for everyone's input. This is what the lawyer said:

We do not need to transfer H1 back if we return to the previous employer provided the previous employer had not cancelled the H1 visa. In my case, I need not transfer H1 back to company A.

Beacuse of the missed information in G 325 A Biographic information form, there will be a RFE issued at 485 level and less chances of RFE at I 140 level.

We are preparing a new G 325 A form explaining the changes and sending it to USCIS.