H1B Tansfer Denied, Can i go back to my previous employer

USA H1B Visa
1

Requesting your opinion on what should i do?

I have an approved H1 and I94 (stamped visa) with “Employer A” until May 2021.

Three months ago, I changed jobs and applied for a H1B transfer with “Employer B”, who requested I94 untill 2022. However this petition got denied after an RFE for not being able to prove the work duration. So Employer B is going to refile a new petition until the PO date (i.e., Dec 2019).

Questions:

  1. If this new Petition with “Employer B” gets approved till Dec 2019, Does this mean H1B/i94 approved with “Employer A” till 2021 is no longer valid?

  2. Can i go back to “Employer A” inspite of “Employer B” petition being approved?

  3. The work location of “Employer B” is same as the approved Employer A petition (i.e., with in 50 mile radius). Is it better to go back to Employer A and do a subcontract with Employer B as amendment is not required?

  4. I also have a Full-time opportunity with “Employer C” in the same location, If i agree, Can multiple transfers be initiated at the same time? What will be the implications?

2
  1. Yes, technically…There is slightly grey area here, if they do not withdraw, you talk to attorney.
  2. If they have not withdrawn yet, maybe, you need to check with an attorney and your employer A.
  3. Well, it can get tricky and USCIS may ask for more details employer employee relationship, etc.
  4. Yes, they can, but as your status is not clear now, you should apply for consular processing.

I highly recommend you talk to any attorney before you take any decisions.