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Can I work for my old employer under H1B without file a new transfer?

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  • Can I work for my old employer under H1B without file a new transfer?

    Please help! I was working for company A under H1B visa since 2014 and transferred to company B this year for four month. I went back to company A this July as they didn't revoke my H1B and was told by the company's lawyer that I don't need to file a new transfer because I still have a valid H1B from company A (expire on 2016). Company A didn't pay me during the time I left and started the new payroll on July.

    However, I was told recently by another lawyer that I am "out of status" by doing this and facing serious problems. Please let me know which lawyer is correct and what should I do for this situation. Thanks!

  • #2
    You cannot go back to the previous employer just like that after working for a new employer and getting paid. Your new lawyer is right. If you want to go back to the previous employer, then either a transfer should have been filed or you should have left the country and returned back using Company A's petition.

    Originally posted by chantelle View Post
    Please help! I was working for company A under H1B visa since 2014 and transferred to company B this year for four month. I went back to company A this July as they didn't revoke my H1B and was told by the company's lawyer that I don't need to file a new transfer because I still have a valid H1B from company A (expire on 2016). Company A didn't pay me during the time I left and started the new payroll on July.

    However, I was told recently by another lawyer that I am "out of status" by doing this and facing serious problems. Please let me know which lawyer is correct and what should I do for this situation. Thanks!
    Not a legal advice. Use of this information is strictly at your own risk.

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