Laid off - Can I go back to previous Employer without fresh H1b transfer

[rahulaul]

I transfered my H1b to company A in Sep 2007 with this transfered visa validity from Sep 2007 to Sep 2010.
I left company A and joined company B in Jan 2008 with this transfered visa validaity from Jan 2008 to Jan 2011

Company B, can lay me off anytime.. Can I go back to Company A without a fresh H1B transfer.. since company A had not terminated it and it is still valid until Sep 2010.

Seniors / Mr. Subramaniyam please guide. Do I need to do anything?

Thanks A Lot.
Rahul

[immihelp]

Yes, you can.

[LeoLeo]

No

As far as i know, you cannot.

1. You had H1B with A
2. You moved to B with transfer, so H1B with A is invalidated automatically since you transferred.

Now you only have one H1B valid, which is the one that is with B.

If you want to join A then you need fresh H1B transfer because old H1B with A no longer valid(look #2).

So answer is NO. Even if the H1B with A still has valid date it doesn't matter, it's invalid.

[txh1b]

As far as i know, you cannot.
2. You moved to B with transfer, so H1B with A is invalidated automatically since you transferred.

Now you only have one H1B valid, which is the one that is with B.

If you want to join A then you need fresh H1B transfer because old H1B with A no longer valid(look #2).

So answer is NO. Even if the H1B with A still has valid date it doesn't matter, it's invalid.

Wrong! Unless the company A had revoked the H1b, it remains valid. Each H1b is individual petition and pertains to that employer alone. The fact that you left an employer does not automatically revoke a H1b unless requested so by the employer.

[rahulaul]

Thanks txh1b & LeoLeo

Mr. Subramanya what is your understanding..

Thanks
Rahul

[Subramanya]

Mr. Subramanya what is your understanding..

---- Ensure that your H1 has not been terminated by employer A

---- Ensure that your employer has not sent any letter to USCIS to revoke or terminate your H1.

---- Ensure that you can continue on the payroll of employer A

---- Ensure that emploer A is willing to pay you soon after you join and not leave on bench without pay. Otherwise you have to start all other actions to make them pay you

---- Be confident of the above matters before you join employer A

Subramanya