Switch jobs to previous employer with valid H1b

[Mac2010]

Hi,

Are there any rule that will not permit to switch back to old employer (H1b is still valid. Verified under USCIS status online check )

Thanks,

Mac

[JoeF]

The old employer was required BY LAW to inform USCIS that you no longer work there. If they didn't so that they would have to pay you for all The time, even with you not working there. DOL rules.

If they want to hire you back, they would have to file (and pay for) a new H1 petition.

https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

"Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

[gopalakrishnach]

The old employer as per law they must let USCIS know that you did not work for them any more and get H1B revoked. if they did not do that I sense something wrong. Please check everything before taking any decision