RFE - Specialized Occupath & Employee and Employer relationship


nova53

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Hi All,

I have been working for Employer A and their Client C for the past 2 years and my petition was valid till Apr 2019. Recently Client C has offered me a fulltime position and submitted a application for h1b transfer and received an RFE for Employee & Employer Relationship & Specialty Occupation.

I joined Client C payroll on 20th Mar 2018. Can I move back to my old Employer A as my old H1B petition has not been revoked yet. What are my options are this stage if my application is denied

Thanks

Viku

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The old employer was required by law to inform USCIS that you no longer work there. Therefore, if they want to hire you back they would have to file (and pay for) a new H1 petition.
If they didn't inform USCIS then the employment would not have been properly terminated, and they would have to continue to pay you even for the time you didn't work there. These are well-known DOL rules. I have yet to see an employer who wants to do that, so you can be sure that the old H1 is revoked.

 

Edited by JoeF
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