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If H-1 transfer is denied, can I rejoin my old employer?
Question details
I received my 3-year extension post 6 years based on approved I-140 (sponsored by employer A). I am in the 7th year of H1B and have a valid visa until 2019. I have an offer from employer B. I am told by employer B that they are going to do H1B portability and extension using my approved I-140 from my previous employer. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. I am also told that the risk I have in case of denial is I would have to leave the US and re-apply for an H1B petition from my home country. From my understanding, one can always go back to their previous employer in case of rejection of H1 transfer?
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Video Transcript
According, to USCIS, when you are working under AC21 you are not out of status, you are in fact working according to the law and hence you should be able to join back. More...
FAQ Transcript
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Guestbook Entry for Chanchal Kokkuvayil, United States
Name
Chanchal Kokkuvayil
Country
United States
State
PA
AC21 and losing job
Question details
I am EB2 priority date Sep2005. I had lost my job in Apr 09. I started working on Dec09 with another company similar job description, in same geographic location and with 15% higher salary than labor approved. I was out of job for almost 8 months.My old employer has assured not to evoke approved I140 (more than 3 years since I 140 is approved)
I have few questions:
1.Shall I file for AC21?
2.is it advisable to send copy of current paystunb with AC21, If yes how many months?
2.Is it okay to file AC21without paystub for around 8 months?
2.If I dont file for AC21, will there be an issue travelling on AP at POE?
AC21 should be filed. The fact that you were out of job for 8 months is irrelevant. As long as the jobs are same or similar, you should have no issues.
I want to thank Mr.Khanna for answering all my questions to my satisfaction. Appreciate the fact that he read through the questions and understood the situation before hand so that during the call he was able to explain the options available to me and the impact of each one of them. Without hesitation, I will be hiring Mr.Khanna and his firm for all my immigration needs. Thanks, Chanchal