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Retro employment termination of old employer and working for the new employer on H1

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  • Retro employment termination of old employer and working for the new employer on H1

    I transferred to a new employer B on September 27th. I left my previous employer on September 24th and was assured that the separation process was successful. However, after almost a month I found out that my old employer had not successfully terminated my employment that made me an active employee of that old employer. I got in touch with the old employer and got them to retro actively terminate my employment and issue my termination letter dated to September 27th (which was the original date). I have been paid for that month by my old employer which I will have to refund anyway. All this happened while I was working for the new employer. What should I do in this case ?

    Does this impact my H1 status ? Do I need to do anything other than ensuring that my old employer has completed the termination procedure ?

  • #2
    Hi,
    Here is my thought on your question.

    What should I do in this case ?
    Answer: Since you properly left from your previous Employer, you are good to continue with new Employer. H1B withdrawal will be Employer portion and they will need to take care of everything on this matter.
    Does this impact my H1 status ? Do I need to do anything other than ensuring that my old employer has completed the termination procedure ?
    Answer: Your current H1B will not impact as I hope you got already H1B transfer approval. Sometimes, When you go for driving license renewal, at the time if you have two active approvals then concern department may confuse and may lead for impact.
    Thanks

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