H-1B go back to old employer A after returning to US with new employer B stamp and working for B

USA H1B
1

I was working in employer A & my petition from employer A is valid till December 2021. I got H1B transfer or change of employers approved from two other employers i.e. employer B (approved till July 2022) & employer C (approved till 2022). Meanwhile I visited India due to personal emergency & got my visa stamped using employer B’s H1B approved petition & got my visa stamped till July 2022.

After traveling to USA I started immediately working for employer B as my Visa stamped for employer B.

My question is can I join back to Employer A or Employer B using the same old H1B petition as it is still valid or do they need to again apply for H1B change of employer petition either from employer A or Employer C if I need to start working if any of the other employers either A or C if approved petition is not revoked or withdrawn.

I appreciate a quick reply.

Thanks

2

Hi @ggowdar

You should be able to go back to work for employer A if they have not withdrawn your H1B yet.

3

Thanks for the reply.

Can I also go to employer C with the same old approved petition or employer C has to re-file the H1B change of employer.

Please advise.

4

You can join employer C also.

Do let me know which one you finally join as you have the luxury of choosing the employer!

1 Like
5

Hi Anil,
You meant I can join Employer C as well directly with the approved H1B petition which was filed by employer C & employer C doesn’t have to re-file it again right. Please correct me if my understanding is right.

Someone told me if I goto India & get stamped with the other employer i.e. employer B in my case then the employer C H1B approved petition I-94 will be override & employer C has to re-file to transfer or change of employer petition if I need to go & work for employer C.

I just want to confirm on this.

Thank you very much for your support.

6

Hi @ggowdar

I think i have already clearly answered your question.

If you want, you can go for an attorney’s opinion before you take any action.

7

Hi Anil and @ggowder.

I am also in same situation, please advise.

8

Hi @Kishan_Kumara

What advice do you want. Please ask specific questions.

Did you read the above discussion? Didn’t it answer your question?

9

My scenario is, I didn’t tell to my Employer A as I am working for Employer B. While working for Employer B I traveled to INDIA and get stamped on Petition B.

(Both petitions valid till Feb and June 2022) Almost after 7 months I want to go back to Employer A…Is it required Employer A needs to run payroll for those 7 months or directly I can move.

I have up to date paystubs from Employer B. Please advise.

1 Like
10

If Employer A has not withdrawn your H1B yet, then you can go back to work for them.