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H1B - Can I work for my previous employer?

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  • H1B - Can I work for my previous employer?

    Hi,

    I worked for Company A with H1B petition for a couple of years, and then I transferred visa to Company B a few months ago. I have all the paystubs from Company B.

    Questions:
    1) If I want to join Company A and if Company A has not cancelled my H1 petition yet, can I join Company A and start working without a new petition? Is it legal to do so? When I go for stamping, will there be any questions?

    2) Is it better to use Company B's petition and paystubs and apply for a visa transfer to Company A?

    Out of two, which one is legal and better way to go?

    Thanks in advance for your help!

    Regards

  • #2
    If A's petition has not expired or revoked, you can certainly join them. You do not need to do any paperwork with USCIS for that. However, you should not work for both employers simultaneously since none of the petitions are concurrent. You can work with any one of the two employers as long as your I-94 remains valid.
    This is my opinion and not legal advice.

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