Can I Change My Mind About Working for My Previous Employer After My H1B Transfer is Approved?

Once your H-1B transfer has been approved, you can indeed change your mind and decide not to work for your previous employer. However, it’s important to understand the legal and procedural aspects involved in such a decision.

Transitioning and Legal Obligations

Upon receiving approval for your H-1B transfer to a new employer, you are generally obligated to work for the new employer as stipulated. In most cases, the transfer is a straightforward process, and it nullifies your prior H-1B status with your previous employer. However, if you later decide to return to your previous employer, they would need to file a new H-1B petition for you. This is because the original H-1B transfer has already been approved and processed.

Important Considerations

Before making any decision, it’s crucial to ensure that your actions comply with U.S. immigration laws and regulations. This includes H1B transfer, which involves specific documentation and procedures. If you have specific concerns or unique circumstances, consulting with an immigration attorney is highly recommended to fully understand the implications.

Even if you have not yet stopped working for your initial employer, your new H-1B visa does not invalidate or terminate your previous H-1B status. Your previous employer may still require you to complete your obligations or may seek reimbursement for any benefits provided to you while you were employed.

If you have already stopped working for your initial employer, your previous employer would likely need to file a new H-1B petition for you. However, this process is generally considered an "easy" transfer, as the employee has already been utilized under an H-1B status before.

Consulting with an Immigration Attorney

Given the complexities involved in H-1B transfers and changes in employment, it is advisable to consult with an immigration attorney. They can provide you with personalized advice and guide you through the process to ensure compliance with U.S. immigration laws. An attorney can also help you navigate any issues that may arise due to past employment or any other factors related to your H-1B status.

Conclusion

In summary, while you can change your mind about working for your previous employer after your H-1B transfer is approved, it’s essential to follow proper procedures and consult with an immigration attorney to ensure that your actions comply with U.S. immigration laws and regulations.