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  • H1B transfer issue

    Hi everyone,
    I need some advice before i go in for H1B transfer process. Currently my H1B is held by employer A. Now i want to transfer my H1 to a new employer B. As i understand, once my H1B transfer petition is applied to INS, i can start working for the new employer. Now my question is

    1.) If i start working for Employer B and say my H1B transfer petition gets rejected/denied (since nowdays INS has been rejecting lot of H1B transfer petitions), is it legally possible for me to come back to employer A, if he accepts me back and has not cancelled my H1?.
    2.) If the H1B transfer petition is approved, but i have not got it stamped, but say after some time i do not like the employer B, is it possible for me to come back to Employer A on the same previous H1B. Do i need to go for a new H1B transfer at that point?.

    Appreciate some legal help on this, because i do not want to take a decision that might make my H1 status complicated.

  • #2
    1. Yes
    2. Yes as long as the I-94 is the same and valid petition exists.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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