What happens if I start the foreign worker on the H-1B COE receipt notice and the case is later denied?

Once notification is received that the H-1B COE case has been denied, the employer must terminate employment immediately. The individual may have the option of returning to their prior H-1B employer but this is dependent on whether the prior employer wants them back and if the prior H-1B petition was revoked. If the individual is not able to resume their prior H employment, they will need to depart the US. In some situations, the USCIS may require that individuals return to their home country in order to obtain a visa for re-entry into the US.

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