Going back to old employer's H1B without the need to leave US

USA H4
, ,
#1

Hello @anil_am22 ,
My question is - can my old employer hire me back without the need to leave US for stamping ?
Scenario -
I was with company A since 2015 and got laid off in 2020.
I applied for H4-I539 COS in OCT2020, which is still pending.
In FEB2021, I started working with company B on H1B transfer receipt.
In APR2021, after RFE response, H1B transfer was denied. I stopped working.

My old H1B from company A is stamped and has a validity upto OCT2021.
My I94 is also valid till OCT2021.

Q - If my old employer hires me back and processes H1B , will I be able to start working without the need of a stamping (i.e. without leaving US) ?
Q - Will it be a transfer or an extension since my old H1B / I94 is still valid till OCT2021.
Q - How to handle the pending H-4 I539 COS ?

#2

You should be able to start working for old employer if their H1B petition is still valid and they have not withdrawn it.

I don’t think they need to file extension or transfer in this case unless there is something else that you have not disclosed.

1 Like
#3

Thank you @anil_am22 .

If it’s not a transfer then you are suggesting that it will be a new H1B all together ?

What are you suggesting about “not disclosing” ?

The only concern is the pending H-4 I539 COS.

What else can be a concern in your knowledge / opinion ?