Does H1B transfer revoke the earlier H1B Oregon

[seekh1bhelp]

A person works for company A and does a H1B transfer to company B. Now since past 1.5 years he is working for company B. He did not inform company A that he is leaving the company. He is on a leave of absence with company A. Now he wants to resign company B and return back from leave with company A.
1. Is it legal to do so?
2. The visa stamp on passport is of company A. Is the visa still valid to work for company A?

I would be very grateful to receive the advice/suggestions.

thanks

[shervin143]

Now he wants to resign company B and return back from leave with company A.
1. Is it legal to do so?
>>> Possible if that petition is still valid. The company is suppose to cancel the petition once the employee no longer work for the Company.

2. The visa stamp on passport is of company A. Is the visa still valid to work for company A?
>>> Visa is just an entry document to U.S. It is not a work authorization and it has nothing to do with which employer you work for.

[seekh1bhelp]

Thank you for quick response. There are few more doubts. Would help if you could give suggestions.

Now he wants to resign company B and return back from leave with company A.
1. Is it legal to do so?
>>> Possible if that petition is still valid. The company is suppose to cancel the petition once the employee no longer work for the Company.

Since the company A is not aware that the employee is working for company B, it did not cancel the petition. Does INS records show that both petitions are valid or they show that company B petition is only valid?

Now with the mentioned conditions, if person leaves company B by officially resigning, can company A file a new LCA for a new place of work without any problems to INS or IRS?

Finally is there anything illegal in eyes of IRS or INS that the person starts working with company A (after 1.5 years of leave of absence with them)?

2. The visa stamp on passport is of company A. Is the visa still valid to work for company A?
>>> Visa is just an entry document to U.S. It is not a work authorization and it has nothing to do with which employer you work for.

[shervin143]

Since the company A is not aware that the employee is working for company B, it did not cancel the petition. Does INS records show that both petitions are valid or they show that company B petition is only valid?
>>> USCIS wants all employer to revoke the H1B petitions if there is no employee/employer relationship maintained. So in yur case, comany A is suppose to revoke the petition. However, if the petition is not revoked and if it is still valid, then you can join them.

Now with the mentioned conditions, if person leaves company B by officially resigning, can company A file a new LCA for a new place of work without any problems to INS or IRS?
>>> Possible.

Finally is there anything illegal in eyes of IRS or INS that the person starts working with company A (after 1.5 years of leave of absence with them)?
>>> No. Quiting a company and joining them back is new.