H1 revoking and queries.

[KarBabu]

I have few questions, it will be really appreciative and kind if you can reply on this.

1. If an employee of H1 authorization resigns(not terminated)his/her job in a company, do the company need to revoke his/her H1 ?

2. Is there any mandatory law there to do this cancellation(any USCIS link) ? What happens if revoking of H1 is not done by the employer(for the employer and for the employee, what consequences will result) ?

3.When does an employer need to revoke after an employee leaves his/her job ?

Thanks in advance.

[t75]

The employer should always immediately revoke the H1B no matter whether the employee resigns or is dismissed. If you want links, search the federal regulations.

Are you trying to assert that if you resign that the employer cannot revoke?

[JoeF]

I have few questions, it will be really appreciative and kind if you can reply on this.

1. If an employee of H1 authorization resigns(not terminated)his/her job in a company, do the company need to revoke his/her H1 ?

Yes. The employer is required BY LAW to inform USCIS that the employee is no longer working there, and USCIS will then revoke the H1.

2. Is there any mandatory law there to do this cancellation(any USCIS link) ? What happens if revoking of H1 is not done by the employer(for the employer and for the employee, what consequences will result) ?

It is in the LAW.

3.When does an employer need to revoke after an employee leaves his/her job ?

As soon as the employee quits or gets laid off.

Why do you even care? A person on H1 who quits or is laid off is out of status from that day on, regardless if the H1 is revoked already or not.

H1 revocation is completely independent of the person's status.

[omshiv]

your curiousity says there is something hidden behind your questions...tell us the TRUTH!!

[cap-gap]

if the employer does not revoke ur H1, he owes you salary for the period ur H1 is active/not revoked..

for you, you can go back to the employer as long as the H1B is not revoked, provided u are in status at that time..

[KarBabu]

Thank you very much for the replies, it is really helpful, my only question on this, was to know, if there comes a scenario, where i need to rejoin back to my old employer(going back to old employer, for some reasons), if my petition is not revoked, will i be able to join back(in that case, they don't need to file h1 transfer)? Hence i was asking about h1 revoke question. Thanks again.

[JoeF]

Thank you very much for the replies, it is really helpful, my only question on this, was to know, if there comes a scenario, where i need to rejoin back to my old employer(going back to old employer, for some reasons), if my petition is not revoked, will i be able to join back(in that case, they don't need to file h1 transfer)? Hence i was asking about h1 revoke question. Thanks again.

The employer will have to file a new H1 petition.

If they don't revoke the old H1 if you stop working there, they may get into lots of trouble, e.g., back pay. There was a court decision where somebody sued for back pay although he had left the company a long time ago, but the employer neglected to inform USCIS to revoke the H1. So, it is in the company's own best interest to get the H1 revoked as soon as the person leaves the employment.

[t75]

They are foolish not to have revoked, but if they have not, your approval is still valid.