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?
Watch the Video on this FAQ: If H-1 transfer is denied, can I rejoin my old employer?
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...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday, 24 January 2019:
FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||
Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?