Does rehire by the same employer count as "continue employment" for NSC?


Thanks for the awesome forum.

I was hired by my employer E a couple of years ago. Applied H1B with them then I decided to quit the job after 2 years. Now the expiration date on my I797 is reached, but I decided to re-join the company E.

The job title, location and job duties are exactly the same (even it’s a different team). But the salary is different (let’s say 20% diff). Does it count as " Continuation of previously approved employment without change with the same employer"?

This hugely might influence if I can join smoothly since they are hiring someone to work on a project ASAP. And if the wait is too long, I kinda worry they might consider withdrawing the offer and take someone else.

What’s your suggestion that I can do?

Also I should mention the employer E applied for H1B extension before I left. However it got a REF since I wasn’t in the US at the time. The LCA for that extension was approved. Not sure if this is useful in any way

Your question is not clear.

Did the old Employer withdraw the H1B petition when you left them?
For how long have you been separated from your old Employer B?

Thanks for the reply.

I don’t think they withdraw the original h1b petition (which I had the I797) but I’m not sure if they withdraw the extension petition they filed.

The extension was filed on March 2017 and got a REF immediately. I left the company in June 2017. So it’s about a bit more than half a year now since I left

I guess it’s a bit confusing

Let me put the timeline here

I joined the company in oct 2014
The expiration for my i797 was sep 2017
In March 2017 the company filed an extension, but it didn’t seem to be effective since I left the company while the petition was in progress
I left the company in June 2017

What was the result of H1B extension application?

Honestly I don’t know. I asked a lawyer friend, he told me no matter what the result is, I didn’t get a h1b stamp to “activate” that h1b, so it’s useless anyway

For accurate result I need to ask the immigration group in the company. Does the result matter a lot?

Legally, an employer has to withdraw the H1B if the employee has left the company.

So, chances are very high that it was withdrawn.

Also, your old Employer needs to file an H1B Transfer now. So, at this time premium processing is not available.

I see. So it means

If the old h1b extension was not withdrawn (very unlikely), then I can use that h1b

But if it’s withdrawn, even job title, employer etc are the same, I still need to file for an h1b transfer. Am I reading it right?

Yes, correct.

There was a slight chance if the old Employer had not withdrawn the application which is unlikely as USCIS requires all Employers to inform them.

Thanks Anil

I was told by my employer that there were cases of rehired before that H1B were not withdrawn. So there’s little possibilities there

I’ll contribute back how things go

Thanks for a ton

You are welcome. All the best.

Hi Anil,

I was told by my employer that the previous H1B was actually withdrawn. However they told me I need to file a new H1B petition (no lottery needed) instead of transferring.

For the current processing time, does it make a difference for transfer/new H1B without PP?

What do you think the likelihood of opening PP on Feb 20?

unrelated BTW: why separate truvisa and am22tech domains? you might have a huge boost for SEO if => :slight_smile:

Each H1B application is same.
If the old H1B has been withdrawn, then the new H1B will be called ‘transfer’.

It dies not matter now in your case though. You can call it anything.

Thanks for the suggestion with the site names.

The thing is is owned by my friends and i have volunteered to help with my knowledge.

Anyway, your point is right that forum on am22 may have given more juice but am22 already has comment system. So, we never thought that an extra forum would do anything.