Issues with going back to previous employeer

[davidk]

Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things



Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


I would appreciate if some could throw some light on this ....

My future is relied on these issues

Thanks
David

[txh1b]

I am glad to see an employer that knows the big picture and parts of the law that are applicable to them.

1. IIf you worked for the entire year, you should have W2s from two different companies matching the LCA from each of them on a pro-rated basis.

2. Your employer, if worried about this part, should have revoked the H1b after you left. His worries are valid even till date as he has to pay back wages even now if you were to claim it for the fact that he did not revoke the H1b.

Read tha back wages case posted on 2/11

http://www.immihelp.com/forum/showthread.php?t=44657