H-1 - how to revert to old employer
My friend was working for Company A and he shifted to Company B, three months back filing a new H1B, But his employer got a 6 page H1B query list, his employer is not revealing the query and is not in a position to respond.
Couple of questions, Can I switch back to Company A.
1. Does he need to file with DOL (or) USCIS that I am switching back to company A
2. If his H1B with company B is not approved, will it be a problem that I worked Company B for 3 months and has taken the pay?
Other Question is, Company A send a letter to INS saying that he is not working with Company any more (Company A employer is telling that he did not revoke the H1B but send a normal letter to INS), Can he still switch back to Company A???
If he can not join back Company A, Can he file a new H1B with another company, knowing the fact that he has a query on his H1B with Company B.
In my view, he cannot go back to company A without taking some additional steps.
Here, company A has revoked the H-1 (all that takes is a letter), they will need to reapply the H-1 and he should get a new visa stamp. He can also get an H-1 through another employer but will most probably need a visa stamp before he can start work. The existing query (RFE) should not normally interfere with any future applications unless the RFE contains some allegations of fraud or lack of qualifications related to your friend.