old H-1B petition: REVOKE or DORMANT?

[JLMA888]

I changed from Employer "A" to "B" based on H-1B portability
should Employer-A leave "old" petition DORMANT or REVOKE it?

Since I am in good terms with Employer-A, I thought: "let's leave it DORMANT in case I need to switch back".

what can be done?
what should be done about this?

thanks, JLMA888

[DMX17]

The employers are not required by law to revoke the H1 once the employee leaves. But good employers cancel the H1. If you want to go back old employer and their H1 is valid (dormant in your terms), you can go back.

[JLMA888]

if OLD H-1B petition is not REVOKED...

thanks,
so, does DOL or USCIS expect OLD Employer to continue paying me if OLD Employer does not REVOKE a "DORMANT" petition?

thanks, JLMA888

[DMX17]

thanks,
so, does DOL or USCIS expect OLD Employer to continue paying me if OLD Employer does not REVOKE a "DORMANT" petition?

thanks, JLMA888

No. If you do not work for the employer, why would they pay you?

[txh1b]

There is a case that awarded back wages. Employer's obligation still exists to pay.

http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/LCA/07_008.LCAP.PDF

[JLMA888]

REVOKING then the "old" petition is safer then?

then, REVOKING the "old" petition is safer from the "old" employer perspective, right?

[txh1b]

Are you an employer?

[JLMA888]

no, I am the benefitiary

I am in VERY good terms with "old" Employer, and because of this:

(1) I do not give up the idea of someday switching back to working with "old" Employer (from this perspective, it would be better if the petition were NOT REVOKED)
BUT
(2) I would not want "old" Employer fined by DOL or USCIS for back-wages; I will NEVER sue "old" Employer for unpaid backwages if the petition were still "valid", but what if DOL or USCIS sue him? (so, from this perspective, it would be better to REVOKE the petition).

Hence, my dilemma.
Since I will never sue "old" employer, if he safe from USCIS and DOL even if the petition remains valid (in case I ever go back to working with him)?

Thanks,
JLMA888

[txh1b]

Ley your employer reach out to their legal counsel and do what is best for them. They can choose to not revoke it. It is up to them.

Problem will exist if you lose your job with the new employer, to join back, they have to pay the back wages for all of the dormant period as per the law. In their best interest, they have to revoke. In your best interest, they can have it dormant.

[DMX17]

Problem will exist if you lose your job with the new employer, to join back, they have to pay the back wages for all of the dormant period as per the law. In their best interest, they have to revoke. In your best interest, they can have it dormant.

I learned the above today.

Thanks for the back-wage case link as well!