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H1 transfer pending and joining back to previous employer, is there legal issue?

Hartford, CT |


I am in H1 status and joined current company in April 1st and H1 transfer is still pending. But due to some personal

reasons, joining back to previous company. Previous company has not revoked my H1 so I can join them back. I would like to

know if there is any legal issue to join previous employer as H1 transfer with current employer is pending. Current

employer will withdraw my H1 on Friday and joining previous employer on Monday, will there be any out of status?

Thanks a lot for your time.

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Attorney answers 3


This is not a general question you ask. You are clearly in need of a legal advice. No problem, but not on AVVO. AVVO is a free general legal information blog, not a substitute for legal advice. Look for at attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an immigration attorney, contact them directly and schedule a consultation. You might be glad you did.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



We already consulted attorney who is asking to do re-entry to US with previous employers approval notice. I was double checking if that's true. But I heard from so many other people that I don't have to do re-entry, I can join previous employer anytime.

Alexander Joseph Segal

Alexander Joseph Segal


Double check means you are seeking a second opinion. That one cannot be obtain on AVVO because it requires review of the entire record. Again, this is not a general question.


No, there shouldn't be any problems joining your previous employer, as long as you are still in status as being on their payroll and you haven't started working for the new petitioner yet. For more detailed analysis of your particular situation or any other questions you may have you'll need to schedule a private consultation with a LOCAL immigration lawyer.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



I had a talk to an attorney and he suggested to re-enter US as H1 transfer is still pending with current lawyer and I am in payroll of current employer and going back to previous employer, is that true?



Additional information: Currently in payroll with new company since April while H1 transfer in process. I will be joining old company from next month.


Not a problem .

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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