You should send a certified letter to the USCIS service center that approved the H1-B, providing the date of termination and request that the H-1B petition be revoked. You should do this immediately in order to limit any claims for unpaid wages for the period after the employee’s termination.
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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I agree with Attorney Murray. Please send a letter notifying the USCIS about the termination of employment and request withdrawal of the H-1B petition.
An employer is required to keep USCIS updated of events on a valid petition. Accordingly if the candidate is laid off or voluntarily leaves, you are to inform the USCIS and document the compliance.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.