H1/H4 - status update question and guidance


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I need urgent guidance on my work visa status and legal status

I was working for a XYZ consulting company with world wide presence for the last 8 years. I was laid off 3 weeks earlier and they were my h1 sponsers. I am getting re hired back but my new start date is April first week. I have the below questions to which i need guidance. 

-  The recruitment team came back to me saying they will be filing NEW H1b and i am required to go back to India for stamping.

I am not sure why they are filing a new H1b when technically they are still holders of my h1 as i did not  initiate a transfer of my h1 nor found work in the last 3 weeks. My passport has a valid visa stamped till sept with my XYZ company name. Is this the process that is followed or since its only 3 weeks since my exit, they can still use the old h1 and continue the same?

- The start date being april first week, even though i accept the letter and send it today, i will not be on any payrolls till i join the company back. So in effect i will be missing almost 3 pay stubs.

Is this situation a case of me being out of status or will it cause any issue later?

- My XYZ company filed for GC way back in 2010 and i have the approved I-140 with them only and based on that my H1 was getting extended all these days. 

what will happen to the GC process. Will that need to be restarted? or will the approved I-140 be still valid. Per the company policy they will revoke it after 8 weeks from termination.

Can someone guide me urgently.



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They are right , you can't just start working for them directly . As per uscis , you are not with that employer anymore .

Your 140 is fine , don't worry about that .  You can keep using it for extensions. But, Make sure they don't withdraw it. If they did , then you will have to go thru PERM again.


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