Working for old company after transfer

S

survival2002

Registered Users (C)
Hi,

Please help... Here is my situation..

I work for company 'A' on a H1b valid until 02/2004 and have I-94 valid till the same. I am in almost in the stages of clearing the labour certification for GC.

My current assignment is ending in 5 days and Company 'A' will lay me off after my assignment ends, coz' they dont have new assignment for me.

A new company 'B' is willing to transfer my H1 and ask me join immediately, but they wont process my green card.

My question is,

1. If transfer my H1 to company 'B' and start working for them and if company 'A' did not cancel my H1... will my old H1 with company 'A' will still be valid ?

2. Can I go back to company 'A' after some time when they have a assignment for me and start working for them with the already approved H1 (after the transfer to 'B') ?

3. Or does company 'A' need to transfer back the H1 from company 'B' again for me to work with them?

Please help... this is very vital for my decission ....

Thanks in advance.
 
1. No
2. Need a new transfer
However company A can keep pursuing your GC without you joining them.
 
In a chat response the same murthy said that INS does not entertain going back to original H1 employer after working for more than 60 days for a different employer.

Also note that the original employer has to pay you for all this interim period you were with new employer...
 
Where does that 60 day rule come from ? shouldn't it be all or nothing....

Is there some law that underline this rule? Could you give me some reference to that... I am totally confused.

Please help solve my confusion here...

M/W How tough is it to change from H1 to L2 ? and how long does it take ? Also does one need to go to their home country to change to L2 ?

And is it ok to change from L2 to H1 back again ? How long does that process take ? and does one need to go back to do that ?

Experts please help.


Thanks in advance.
 
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