I have recently (3 months ago) moved to a new employer and they filed for a H1b transfer and I immediately started working for them since they asked me to and they ran my payroll for 3 months. However, that transfer RFE'd and then denied. Now can I go back to my previous employer and start working without a new petition.
1.If yes what petition do we have to create
2.can he file an Amendment? As he did not revoke the existing one. What if this RFE’s and they ask for the paychecks before the date of filing. If so what will be our answer, as the prev emp(Employer A) did not run the payroll for those 3 months.
3. Can we go with Employer C by filing a new petition? What if it RFE’s and gets denied and my ‘Employer A’ Revoke the H1 which is up to 2020?
can you please suggest what my options are?
As long as you had an agreement for an "unpaid sabbatical" with "A", can now go back on its payroll as if "nothing happened."
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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 agree with the colleague that the definition of employment period generally depends on the contract you have with the employer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
It depends - were you officially terminated by employer A?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline