Employer-A TO Employer-B BACK-TO Employer-A

[fromheretothere]

Employer-A TO Employer-B BACK-TO Employer-A
Apologies in advance if my query below has already been answered in this forum before. However, as much as I tried, I could not get an 'exact' answer, hence this new post. Request your insight here!


+Joined Employer-B 2 weeks back, who filed for a new H1B petition( non-concurrent ).
+However, I have still not resigned at Employer-A, so my h1b there is not being revoked.
+Now, employer-B's petition has been denied.

#Am I out of status?

#Is there a restriction to go back to Employer-A with who I have been on official leave for a week, notwithstanding that Employer-A has not been informed of my joining B, and hence expects business as usual?

Many thanks for your patience!

[shervin143]

Answer the below questions to assist you properly.

Will employer A pay you for the two weeks you were not working for them? Unpaid vacation on H1B is not allowed.
Will employer B pay you for the two weeks you were working for them?

[fromheretothere]

Thanks Shervin143 for your time. Please find my answers below.

.Will employer A pay you for the two weeks you were not working for them? Unpaid vacation on H1B is not allowed.

Yes. I have obtained leave as per company policy, my first 5 days of leave in little more than a year, and the paystub for the 1st fifteen days of the month that covers the first 2 leave days do reflect full pay, and as shall the next 15 days paystub. [ The calendar holidays and work-from-home days helped the padding between official leaves ]

Will employer B pay you for the two weeks you were working for them?

Employer B is so far not averse to paying for the two weeks either, however I'd rather, now that B's petition is denied, ensure continuity in A's payment. However, would it be a valid case at all to receive the paystubs in the following order --> "(Up until Leave)EmployerA -- (For 2 week leave)EmployerB -- (This date onwards)EmployerA"?



I'm trying to keep the matter as short as possible, in order not to eat into readers' time, however please let me know if you need any other details.

Thanks again, Shervin143!

[txh1b]

You can go back to employer A and begin working for them as long as your I-94 from that H1b is still valid.

[fromheretothere]

...as long as your I-94 from that H1b is still valid.

txh1b, Thanks for your insight here. And indeed, the I-94 from that h1b continues to be in valid state.

[shervin143]

Make sure company B doesn't pay you for the period you worked for them. Otherwise, you will have pay slips from both the employers for the same period and it can cause issues. If employer B doesn't pay you then it won't even look like you ever worked for them.

[fromheretothere]

Thanks for the advice Shervin143. It helped clarify the confusion.