Can I switch back to previous employer which has i797 valid till next year

I entered US on Apr 2015 on H1b with employer X with i797 (H1b Stamped) valid till Jul 2017. But I transferred to new employer Y in Aug 2015 and i797 with Y was approved till 23 Jul 2016. My current employer Y has filed my extension in premium.

My questions here are

  1. In case my H1b extension asks for RFE or is rejected then can I switch back to my previous employer X if they are ready to take me back as current i797 is valid for X? or Do they have to file transfer again?

  2. In case of RFE, my current employer replies with required documents but decision comes after 23 July. How long I can stay legally in US after decision? is there any other chance for them to file extension again after that?

Appreciate earliest reply.


  1. You can go back to them w/o any USCIS related paperwork. You already have an approved and unexpired 797 and I-94 through them. I assume you didn’t leave US since your transfer was approved.

  2. You would still have a valid I-94 through X, but you won’t have valid employment. One option is to go back to old employer; while other option is to find a different employer. They would be able to file transfer for you, but it may not get approved w/ attached I-94 if you stay w/o getting paid i.e. out-of-status. The bigger the gap b/w denial date and new petition filing date, higher the chance of this happening.

For how long I can stay in US after decision if denial.
Is there any way my current employer can file h1 extn again based on some new project after denial or before replying to RFE. If yes before which date he can do so?

What information do you get when you generate I-94 on CBP site using your information? You can stay until the date mentioned in that I-94. However, you would be out of status if you cannot work due to denial.

They can apply for another extension petition anytime prior to I-94 expiration date.