I was working for Employer A in H1B status, and then moved to Employer B. I am now interested in returning to Employer A. The employer did not withdraw the petition, and it does not expire until next year. Can I join based on the existing petition, or does Employer A need to first file an H1B transfer?

Answer

There is a legacy INS opinion letter that indicates it is permissible to return to a previous employer based on the “dormant” petition. However, depending on the circumstances, that is not always the safest / best practice, as it creates a rather confusing history, among other potential issues.  (22.Sep.2022)

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