H1B reemployment with previous employer

[tinkertenor]

I had H1B approval for employer 'A' (a consulting shop) till July 2020 and an approved I-140 from same employer. Last year in November I got switched jobs to employer 'B' and subsequently in start of February got H1B approval till October 2021. Employer 'B' had some issues and they laid off people and my position was affected. Employer 'A' still has the same project at the same location for which they had got the H1B done previously and they have not withdrawn the petition yet.

My questions are:

1. Can I switch back to previous employer based on the previous H1B?

2. Will they need to re-file my H1B and/or do LCA again?

[xTDx]

1- May be. Usually No. Its kind of a grey area. By law old employer had to notify USCIS of your last day.

2- Filing a new h1b would be the best and safest route.

[gopalakrishnach]

1- If Employer A is in good terms with you and didnot revoke your H1B then you can work. Normally as per law most of the companies when a employee leaves their company they need to let USCIS know about it and revoke their H1B. So be careful about this

2 - Employer A needs to do all once again. get LCA and apply for new H1B.