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Raj197

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Hi,

I work for an company who has sponsored my H1B which is valid until September'2018. I was terminated on Friday saying that the company will inform the USCIS of my termination which could lead to my H1B being revoked. My last day with them is May 3rd 2017. My I140 was approved a year ago from the same company. I have following questions and any information or answers will help me to plan my next move.

1) Can the company who has terminated my employment revoke my I140 along with my H1B?

2) Can i still continue to stay and look for jobs in United States for 60 days even after my H1B is revoked based on my approved I140 if not revoked ?

3) Or should i leave the country once my current employer revokes my H1B while my H1B transfer to a new employer is in process?

Thank you,

Raj.

 

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I have the same question as Raj.
I am struck by the same timelines as Raj. A bunch of us are laid off and May 2nd is our last day.
If we continue to see employment after May 2nd and find a job before the 60 day grace period, what is the process for H1 transfer / new petition?
Do we have to go back to India / home country for Visa stamp before we start work?
If we don't get employment by May 2nd, do we have to wait until October to start work (an go into the lottery), even if there's a company willing to file an H1B visa?

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@Raj197 @JayP16

1. I believe based on current regulations if it is more than 180 days since your I-140 approval then it no longer matters what the company does, your I-140 can be used for future employment. So that's the good news.

2. Yes, the grace period begins from the last day of your employment and you can look for jobs for up to 60 days. You can of course continue to look beyond that, but you will begin to accrue out-of-status.

3. A visa is only an entry document. You don't need to go out for stamping if you find a job and get your H1 transferred.

4. There is no new process to file a H1 petition, it's the same. Just that I've read that you may need to provide a cover letter to explain the presence after your last employment period -- read that up, it doesn't seem like anything complicated, just a simple explanation.

5. Don't need to wait for October. If your H1 transfer begins, then if your new employer is OK you can begin to work on receipt. With the premium processing on hold, you probably have no choice but to begin on receipt as you can't sit here and wait for months for approval. Your other option is if your H1 transfer begins, then leave US (check with the attorney to make sure it's not treated as abandonment of petition), enjoy some time off, and come back with a new visa (if current one has expired) and start on approval.

 

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Thank you for replying to my post which was very insightful and detailed.

I have one more question.

My family (wife and kids) don't have stamping either and their I94 is valid till September 2018.

While my H1B is in transfer/ while i am looking for jobs can my family visit India and get stamping during my H1B transition period?

 

Thank you once again,

Raj.

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8 hours ago, Raj197 said:

Thank you for replying to my post which was very insightful and detailed.

I have one more question.

My family (wife and kids) don't have stamping either and their I94 is valid till September 2018.

While my H1B is in transfer/ while i am looking for jobs can my family visit India and get stamping during my H1B transition period?

 

Thank you once again,

Raj.

It's not clear to me what you mean. Has their visa expired? If so then they will have to get a new visa to re-enter - for which they will need your new H1 APPROVED. Otherwise they will be stuck in India until your petition is approved, after which they can take your I-797 and get a new H4 on the basis of your approval. 

My recommendation is in these cases where you're juggling multiple scenarios schedule a consultation with a good attorney and get all your questions answered. You'll have peace of mind and not run into risks - it's worth the couple of hundred dollars.

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