H1B withdraw forgot by previous employer and now previous employer offered me job

I changed my job 6 months ago and when I got H1b transfer to new company, I thought old company would withdraw my petition but they did not withdraw petition.
Now at this point, Old company offered me job and their lawyer just realize that They did not withdraw my petition. So He suggested that company or him does not need to file H1B transfer because I am already on previous company H1B.


  1. Do I have mention previous company to first file for withdraw of my petition and file for H1b transfer again?
  2. Am I and my wife out of Status?

Thanks in Advance.

  1. It depends, their attorney would know best. It can be dormant state and then used as active.
  2. No, you are fine. I am assuming you were working on valid h1B after your transfer.

Discuss with your attorney.