Can i go back to employer A if h1 transfer to employer B is denied ?

Q: Can I work on H1 before October 2013 ?

See the full attorney answers on the linked page.

Q: For how long can I stay in the US on an H1B after I have resigned my job? I need 5-10 days to sell my stuff/sublet my apartment.

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Q: How much time does the LCA approval take? Can I work on cap-gap if H1B is filed in grace period?

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Q: My H1B is rejected under 221g and my case is sent to USCIS. Can I re-apply with the same employer?

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Q: I'm currently in H1B Visa, Can I publish free apps like andriod market?

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Q: How early after the H1B petition is filed do I need to start working to keep my H1 status active

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Question

Can i go back to employer A if h1 transfer to employer B is denied ?

Anonymous May 26, 2015 H-1B Specialty Occupation Visas 4 views 4 answers

1. I am with Employer A from past 4 years and even my i-140 got approved. My current h1b is expiring on 6/30/2015. My employer applied for an extension in Feb and I am expecting approval by the end of May. 2. Employer B (my client) is asking me for full time. He said he will apply for h1 transfer and is asking me to join them with receipt number (he don’t want to wait till approval notice because, premium processing is not there now). Now, what if my h1 transfer to employer B gets denied? Can i go back to my employer A? How many days will i have to saty in country if h1 transfer gets an rfe or denied?

Adan Vega · Answer 1 · 2026-06-15T19:51:54+00:00

Under the conditions that have been presented to you by the prospective employer B, if the H-1B petition filed by that employer B is denied by USCIS and your current employer A does not want to rehire you then you will be out of status.

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Answer 2 · 2026-06-15T19:51:54+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

To add to Mr. Vega's response, if you leave A on receipt and stat working for B, A will not be able to rehire you without getting a new petition approved.

0 upvotes

Tripti Sharma · Answer 3 · 2026-06-15T19:51:54+00:00

You will need an attorney to review your case and give you a "go" before you take up the job. Do not rely on any answer you find online.

Abhinav Goel · Answer 4 · 2026-06-15T19:51:54+00:00

Yes, you may be able to join employer A if employer A files a new petition for you. Generally, for an extension of an H-1B, you are allowed to stay (but not travel) for a period of 240 days. However, you should do what is called an initial consultation with your attorney and show him or her your travel records and other documentation to get all these questions answered. The consult will help you resolve all your questions so that you can decide how to proceed further. Jumping employers after a 140 employer may not be the best advise, but that depends on your case. Good luck!

Can i go back to employer A if h1 transfer to employer B is denied ?

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