Getting rehired by old employer: H4 to H1 transition

[Chckimmi]

Hi,

I was working till January this year as an H1B, post which I changed my status to H4.

Now my old employer has offered my old position back and I was wondering what the process should be. Can I just travel out and in of US and get stamped on old valid H1B visa (same company, same position, same location) ? or will the employer have to go the full i797 route and I have to wait till an approval to start working again.

I have not found any discussion on such a peculiar case and will really appreciate if anyone can throw any light on this.

Thank you,

 

 

 

 

[pontevecchio]

Ideally he files a H1 and you wait for approval. Is it a regular company? If so ask them what they intend for you.

[JoeF]

The employer was required to inform USCIS that you no longer work there, which has resulted in H1 revocation.

That means the have to file (and pay for) a new H1 petition for you, and you have to wait for the approval.