H1B Revocation by previous employer


Mahesh Kumar Angadi Vara

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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. 

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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.

 

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