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Can I work for my Previous employer?

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  • Can I work for my Previous employer?

    Hi,

    I worked for company A for 3 years and I got extension through them for another 3 years and then I transfered my H1 to a client company(B). Worked there for 1 year and they laid me off.Last week was my last week at company B.Now I want to go back to my employer A and work through the petition that was there before. He did not cancel my petition yet. Is it legal to work for employer A? Please suggest.

  • #2
    I worked for company A for 3 years and I got extension through them for another 3 years and then I transfered my H1 to a client company(B). Worked there for 1 year and they laid me off.Last week was my last week at company B.Now I want to go back to my employer A and work through the petition that was there before. He did not cancel my petition yet. Is it legal to work for employer A? Please suggest.[/QUOTE]

    ----Yes, you can work for your previous employer if the H1 is still active. However, the employer has to inform USCIS that you have started work with their orgnization soon after joining and if an amedment has to be filed then you have consult an attorney for complete information

    Subramanya

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    • #3
      Originally posted by Subramanya View Post
      However, the employer has to inform USCIS that you have started work with their orgnization soon after joining
      Never heard of this requirement.

      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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      • #4
        Thank You Subramanya ! One quick question...what will happen to my I94 which is with company B? Also, if the employer contacts USCIS regarding my H1, will he not be in trouble because he has not revoked my H1 after I have transferred my H1 to company B? Do you have any adivice for me? Please suggest

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        • #5
          Thank You Subramanya ! One quick question...what will happen to my I94 which is with company B? Also, if the employer contacts USCIS regarding my H1, will he not be in trouble because he has not revoked my H1 after I have transferred my H1 to company B? Do you have any adivice for me? Please suggest

          ---- If you have a I-94 from company B then it just remain with you. When you go out of US submit it at the POD

          ---- Regafding company A if they still have the H1 then you can join the and USCIS will not onits own why they have not revoked your H1

          ----The company A can still retain your H1 if they feel like and not inform USCIS unless they feel it is necessary

          Subramanya

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