H1b rehire by same company

[smartin]

Hi,

My company sponsored my H1 visa which was issued ion Dec of 09. I was laid off from my company in Feb and as a part of severance, I was told that I wud be getting paid for the month of March and they would send a request to revoke my petition at end of April.

Recently I got re-hired by the same old company.. And they want me to exit and re-enter US (using DS-160).

Since the company re-hired me without revoking my h1 petition is there a need for me to exit and re-enter the country?
And if I do have to re-enter the country, can there be complications to get back in? Can I do it from Mexico or will I have to travel to my home country?

Thanks in advance for your help,

S. M

[shervin143]

I am not sure why they want you to exit and re-enter. Did you join any other company after you got laid off? Since the company paid you until March, you were on a valid H1B status until the end of March. What was your immigration status after that (until the time you were re-hired)? If the copmany pays you for the months of April as well, then everything would be fine as it would look like you were not laid off at the first place.

[smartin]

Thanks for the reply..

While I was laid off, I've been looking for a new job. I didn't work in the time period between my layoff and re-hire. Since the company told me that they wouldn't revoke my h1 until end of April, would'nt I be on the visa sponsored by my company?

Thanks,
S. M

[shervin143]

To maintain a valid H1B status, you need payslips. Since you had pay slips until the end of March, you were on valid H1B status till then and later you went out of status. Since the out of status duration is very little, check with your employer to see if they can pay you for this period to put you back on status (Otherwise, if not now, this may cause issues later. Like your W2 will not match with your LCA etc.)

[txh1b]

Hi,

My company sponsored my H1 visa which was issued ion Dec of 09. I was laid off from my company in Feb and as a part of severance, I was told that I wud be getting paid for the month of March and they would send a request to revoke my petition at end of April.

Recently I got re-hired by the same old company.. And they want me to exit and re-enter US (using DS-160).

Since the company re-hired me without revoking my h1 petition is there a need for me to exit and re-enter the country?
And if I do have to re-enter the country, can there be complications to get back in? Can I do it from Mexico or will I have to travel to my home country?

Thanks in advance for your help,

S. M

The company is obviously trying to cover their base by asking you to do so. Legally, the company is required to pay you during the period if they have not revoked the H1b. There are cases which were decided in employees favor in such circumstances. To avoid this, the company must pay you the difference in the salary for the period you were unemployed.

You are being asked to do that for that reason and also because the company cannot legally employ you are you are already considered out of status for not getting paid during the gap.

[smartin]

Thanks txh1b

As you mentioned that since I didn't get paid for a month, I am considered to be out of status.

Would the "out of status" issue create problems during my re-entry to the country?

Thanks,
S. M