H1b Rehire rules

[oms13dec]

I am on H1B. My employer terminated me after my project got over and rehiring me after 2 weeks after I found a project . Do they need to start a fresh petition or they just need to file an amendment? Work location is same , but salary is different .Also are they doing anything illegal here

[User099]

Technically your employer will have to do a new H1 to hire you back if they already did the H1 withdrawal process. But since its just been 2 week and they are hiring you to the same work location you might have some flexibility there. If your employer can pay you for the 2 weeks and doesn't show it as a gap in employment, you should be good. 

I know what the law is so if anyone is thinking of quoting me to mention that its the law to withdraw H1 when employment is terminated, you can skip it.

How is the salary different? is it more or less than the current LCA amount? If its more you might be ok, but if its less then an amendment will be needed as it will look like you will be paid less than the original LCA.

 

 

[JoeF]

The employer was required by law to inform USCIS that you no longer work there.

If they want to hire you back they absolutely have to file (and pay for) a new H1 petition.

 

Edited May 21, 2020 by JoeF

[gopalakrishnach]

When they terminated you did they give you official letter and informed USCIS? If yes then new petition outside lottery. If not I do not know how they can support these 2 weeks without pay.

[oms13dec]

On 5/21/2020 at 12:06 AM, User099 said:

Technically your employer will have to do a new H1 to hire you back if they already did the H1 withdrawal process. But since its just been 2 week and they are hiring you to the same work location you might have some flexibility there. If your employer can pay you for the 2 weeks and doesn't show it as a gap in employment, you should be good. 

I know what the law is so if anyone is thinking of quoting me to mention that its the law to withdraw H1 when employment is terminated, you can skip it.

How is the salary different? is it more or less than the current LCA amount? If its more you might be ok, but if its less then an amendment will be needed as it will look like you will be paid less than the original LCA.

 

 

Salary is 5% less than my previous salary . It seems they already did withdrawal process and now they are filing a fresh H1B , But they say I can join without a receipt number . Is that OK ?

[oms13dec]

11 hours ago, gopalakrishnach said:

When they terminated you did they give you official letter and informed USCIS? If yes then new petition outside lottery. If not I do not know how they can support these 2 weeks without pay.

Yes they did . And I was told I can join now without receipt number .Not sure if thats Ok . Also what impact it can put on my H1 approval ?

[User099]

On 5/22/2020 at 1:01 AM, oms13dec said:

Salary is 5% less than my previous salary . It seems they already did withdrawal process and now they are filing a fresh H1B , But they say I can join without a receipt number . Is that OK ?

I don't think its good to join without a receipt number. 

[gopalakrishnach]

You need receipt number to join.