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Switching between two valid H1-Bs - what's the right way to join back ?

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  • Switching between two valid H1-Bs - what's the right way to join back ?

    Background:
    Held H1 from Company A - I-94 and visa validity from 10/01/2012 to 09/26/2014
    Got an H1 transfer approved from A to B on Dec3 (PP) and joined on Jan 14, 2013 - I-94 and visa validity from 12/03/2012 to 12/02/2015

    Worked for A from 10/01/2012 to 01/13/2013
    Working for B from 01/14/2013 till date.

    I want to go back to the Previous Employer A
    - reason being earlier B agreed on starting GC but now they are saying NO due to their policy changes, need to wait 1yr 6mo - to start. I don't want to wait that long.

    What is the right approach to join back A ?
    (I know joining back is allowed as both the H1 visas and I-94 are valid and I have maintained my status till date)

    Can I simply join back and re-fill I-9 with them?

    OR

    Will they need to re-file my H1B (quota exempt) ? (they did NOT revoke the previous one though)
    - I am unclear with the transfer process, is it that when I applied for H1B with Company B by sharing my petition for Company A
    - does that lead to previous petition Company A being considered auto-revoked/cancelled - or is it just dormant ?

    Please let me know which is the safest approach, so that I don\'t get into issues during my H1 stamping or GC processing that I want to start soon.
    My H1 visa is yet to be stamped on my Passport on my next travel, I want to make sure this going back to previous H1 should not cause any issues.

    How soon can company A start the GC process?
    I am looking at your firm as one of the choice to start my GC process.
    (Just in case if you need more information - see below)
    ################################################## ################################################## ###########
    Other Facts:
    I-9 filled on 10/01/2012 with Company A - IRS W2 for 2012 with Company A, also "note" the initial days of Jan 2013 were spent on Company A's W2 (for IRS purpose) until 01/11.
    I-9 filled on 01/14/2013 with Company B - IRS W2 for 2013 with Company B (from 01/14 to 04/08) lets assume, if my last day with Company B is 04/08.
    I do not have either of the visa's stamped on my passport - as with A it was a COS and later with B a transfer, never visited outside US in between.
    And have always maintained my status till date.

    Also, if I join back my IRS W2 will be for Jan and then April onwards, I think I will get a single W2 from A for the whole year, and one W2 for 2 months with B

  • #2
    Please give us a call at 510 7425887, this question is too detailed to be answered on a forum.
    Thanks
    http://peerallylaw.com
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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