Mahesh Kumar Angadi Vara Posted September 26, 2018 Report Share Posted September 26, 2018 I have a situation where my current employer has let go me in a month's time. I checked my case status in 'https://egov.uscis.gov/casestatus/mycasestatus.do' which does not state that my case was 'Revoked'. Does it mean that I can still go back to my previous employer without applying the H1B transfer? Link to comment
Chicagom34 Posted September 26, 2018 Report Share Posted September 26, 2018 No, when you moved to the new employer you stopped working with the previous one. The previous employer should have sent notification to USCIS stating you are no longer working with them. Even if they did not do that, you moved on and when you stopped working for them, you were no longer getting paid by them and that ends your H1 term with previous employer. Link to comment
JoeF Posted September 26, 2018 Report Share Posted September 26, 2018 The employer was required BY LAW to inform USCIS that you no longer work there, which results in the H1 petition being revoked. If an employer wouldn't do that the employer would have to continue to pay you, even without you working there. That's a well-known DOL rule. Every employer with even just a minimum of clue would know that. If a previous employer wants to hire you back, that employer would always have to file (and pay for) a new H1 petition. Link to comment
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