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H1B from Two employers. Want to Join old Employer after joining new employer for a month ?
Anonymous1 views5 answers
Here is my situation.
I filed from H1B extension from employer A in September 2015 and Got RFE.
I started H1B transfer process from Employer B before September 30 and Got Approval.
I joined the Employer B from October 1 based on receipt and then Employer B filed amendment for me to join the client after approval.
Employer A also got approval.
Employer A is asking me to re join and I would like to rejoin Employer A as well.
My questions are :
1) Can I join employer A again?
2) Will the amendment from Employer B affect Joining employer A.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Well. It all depends on whose petition was approved last. If it was A's and you are working for B, you better rejoin A as you are out of status and are engaged in unauthorized employment by working for B.
As a precautionary measure, employer A 's immigration attorney should review both filings to determine which employer is the one keeping you in status. Employer A may have to file again if you wish to be employed but that employer.
Bayarjargal T. SereenenImmigration AttorneyChicago, IL ·
You may be able to join employer A. However, it is better consult with employer A's immigration attorney, at any rate! That attorney is better suited to answer question 2, after reviewing all relevant documents. Good luck!
You should be able to join A if the employment H1B has not been cancelled. However due to the issues with the new Simeo case, I will recommend talking to the company lawyer to make sure that a new Amendment is not required. You can also speak to your independent attorney for a second opinion.
