going back to Previous employer

[lopabeh]

Hi,
I transferred H1B from my prevoious employer A to new employer B and currently working with the new employer B. Both petitions are valid till 2013.

There is no VISA stamping on my passport for either of the emp A or B.

1. Can I go back to employer A whenever I want ?

2- can I go to canada and come back with the previous employer petition, without applying for stamping in canada. i dont have stamped visa for emp A on my pasport.

3- How do I resign from emp B ? can I resign while in USA or I have to resign when i leave the country.

Experts pls Advise.......

Thanks!

[shervin143]

1. Can I go back to employer A whenever I want ?
>>> If the petition is still valid and if employer A hasn't revoked the petition and if the job still exist, then you can go back to the employer. The best way to get back to employer A is to leave the country and return back on employer A petition and any valid H1B visa.

2- can I go to canada and come back with the previous employer petition, without applying for stamping in canada. i dont have stamped visa for emp A on my pasport.
>>> As long as you have a valid H1B visa (it can be for any employer), you can go to Canada and retrun back (with employer A's petition), which will get you an I-94 associated to employer A allowing you to work for that employer.

3- How do I resign from emp B ? can I resign while in USA or I have to resign when i leave the country.
>>> That doesn't matter. You can resign anytime.

[lopabeh]

Hi Shervin,
I dont have any H1B Visa stamped on my passport fr either emp A or Emp B.

Can i go to canada & come back within a week so that i dont have to enter in stamped visa. i.e the 30 day auto validation will apply !!!

I plan to enter with petition of employer A.

Any suggestion ??????


Thanks!

[shervin143]

Yo can and it totally depends on the officer at the POE. There are cases (search immihelp for those posts) where they have asked for a valid visa. What exactly is the reason for this trip? For such a short trip, they are not going to take your I-94 when you leave and when you re-enter you are not going to get an new I-94 (they will ask yuo to use the old one) without a valid visa. The entire trip would prove nothing if your intention was just to get a new I-94 by crossing the border.

Hi Shervin,
I dont have any H1B Visa stamped on my passport fr either emp A or Emp B.

Can i go to canada & come back within a week so that i dont have to enter in stamped visa. i.e the 30 day auto validation will apply !!!

I plan to enter with petition of employer A.

Any suggestion ??????


Thanks!