Do I need to refile LCA / 129 for my H1b ?

Our opinion is that you would not require further paperwork to resume H-1B work with an employer which has not notified U.S.C.I.S. of the cancellation of your H-1B petition. I note that employers who do not terminate H-1B's with U.S.C.I.S. upon the separation of the employee do face liability from such employees suing them for wages after they have been separated on the grounds of no proper notification and no termination of H-1B status. The Labor Department has upheld a number of cases on these points for the H-1B holder.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.