Reverting to a previous H1: Urgent..Pls Help..Jim.. Anyone

[st8]

Just before lay-off about 5 months ago, I had 2 offers. Company A & B applied for my H1 and I took company A\'s job based on portability when my H1s were being processed. Company A\'s H1 visa was also stamped on my pasport after approval.

If I want to quit or if laid-off from A, can I still work using company B\'s H1 which has been approved but not utilized. Or is there a time period when I can use the B\'s H1.

Thanks for your help.

 

[Jim M]

Theoretically, your are supposed to be on the company\'s payroll withing 60 days of H-1 approval sin

This really is a matter for the company to worry about though. The H-1 is valid until it is cancelled or it expires. The risk is really to the company that they would get challenged to explain why you were not on the payroll within 60 days. It would probably be safest for the company to file and H-1 transfer but that is also the expensive way to go. The corporate attorney will really have to look at the entire situation and advise the corporation accordingly.

I see little risk to you as long as the H-1 is still valid.

Jim