Switch jobs to previous employer with valid H1b


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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.


"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."

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