H1B Unique Situation

[bulletpandi]

Hello Guys

I was working for a medium size semiconductor company as an R&D engineer, I was laid off on december 2008. since then I returned to india. my ex manager has contacted me now and asked me if i want to rejoin the company in september. i am interested in going back and would like to get some advice from the experts in the forum.

I have a valid H1B visa on passport and I797 till september 2011. could you advise me on the legal issues and fresh paperwork that need to be done to rejoin my previous company.

thanks

[txh1b]

Find out if the company revoked the H1b. If not, no additional paperwork other than a new offer letter asking you to join on xyz date is needed.

If they have revoked the H1b, they need to file another H1b (not subject to cap) and get you the new I797 approval before you can travel. No new visa is required.

[bulletpandi]

Hello TXH1B
Thanks a lot for all the valuable inputs regarding this issue.

I believe my old H1B petition is not revoked,because when i checked the uscis online status using my wac receipt number, it says
"Current Status: Approval notice sent" dated on may 21 2008.
But when I checked with my friends who were laid off around the same time and their uscis staus online shows "Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending." which means they have initiated the revoking process.

could you please let me know if the online status update reflects the status of the H1B petition accurately

Thanks

[txh1b]

You cannot really count on the online status as a measure against revoke or not. The company HR should be able to answer that question along with the lawyer for the hiring manager to check on.

[Spri]

USCIS online status

Pls don’t count on online status,

My petition was approved on May 7th but till now the online status is "Case received and pending."

[bulletpandi]

Hello txh1b, spri

Thanks for providing valuable inputs. I will ask my manager to check with HR whether they have revoked my H1 petition.