Require to understand legal process on H1b revoke and options

[Dave1985]

Hi Team,

 

I am on H1b visa and I797 is valid till Oct-2023. My current employer is planning to terminate me by 27-Jan-2023. 

My previous employer did my revoke my I797 and it is still valid till Jun-2023. 

Below are my queries : 

 

1. If I plan to move previous employer and he has job opportunity, is there any legal form to be filled before 27-Jan.

2. Also, if my previous employer does not have any position until 27-Jun, do I need to make any updates regarding legal stay of 60 day post termination?

 

[Zodiac System]

1.     If there has been no material change in the previous employment (meaning an individual’s job duties are the same and in the same location as the previous employment), the LCA has not been withdrawn by the previous employer, and the I-797 approval is still valid, then an individual may return to work for a previous employer without filing a new petition.  

2.   If your previous employer hires you back, he will have to run your paystubs to show you are employed.

[LeaveMessageH1B]

On 1/24/2023 at 5:19 PM, Dave1985 said:

1. If I plan to move previous employer and he has job opportunity, is there any legal form to be filled before 27-Jan.

Yes, Transfer your H1 to previous employer

On 1/24/2023 at 5:19 PM, Dave1985 said:

2. Also, if my previous employer does not have any position until 27-Jun, do I need to make any updates regarding legal stay of 60 day post termination?

No, just need to exit country by/on 60th day.  60 day is just grace period, I would not put it as legal or illegal. 

[JoeF]

If you want to go back to the old employer they have to file a new, cap-exempt H1 petition for you, what is usually known as H1 transfer.