I am working on H1B with current employer. Can I resign from current employer and go back to work for a company who filed my H1B petition in past? (This petition was approved and is still valid.)


There is a legacy INS memo that says it is ok to return to the dormant petition (prior company) in situations such as this one. However, that is not always the safest/best practice, as it creates a rather confusing history, among other issues. It is something that is worth considering if other options aren’t available. It would be best to go over the details with an attorney in a consultation. (15.Dec.2014)

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