Jump to content


Photo

h1 b will be revoked by employer soon. need advice


  • Please log in to reply
8 replies to this topic

#1 pratikny1287

pratikny1287

    Advanced Member

  • Members
  • PipPipPip
  • 38 posts

Posted 29 July 2013 - 12:42 AM

hello friends

 

i am in big trouble here. didn't know what should i do now. l work for big staffing firm from last 2 year & last month i decided to take 1 month long vacation to India during this time period client ended contract & my employer is now telling me tat they will revoke my h1 b application tat is still valid for next year. 

 

 

in this scenario what should i do ? below are some of my queries regarding this issue :

 

1) will it better to search for new employer & transfer h1b ASAP 

 

2) i didn't receive any pay stubs wile i was on vacation for a month so will it be an issue wile working on h1 B Transfer process ? 

 

3) i didn't receive any notification/ notice from employer or USCIS tat my h1b as been revoked yet , so is there any way that i can find out whether employer has actually revoked my petition ? 

 

4)Now My employer is saying tat they still work to place me & once i will have a project through them they will be file new h1b & will be able to recapture time on h1 b . is this feasible option ? 

 

 

Any answer.input will be really helpful. 

 

Tank You



#2 jairichi

jairichi

    Advanced Member

  • Members
  • PipPipPip
  • 13,295 posts

Posted 29 July 2013 - 08:29 AM

hello friends

 

i am in big trouble here. didn't know what should i do now. l work for big staffing firm from last 2 year & last month i decided to take 1 month long vacation to India during this time period client ended contract & my employer is now telling me tat they will revoke my h1 b application tat is still valid for next year. 

 

 

in this scenario what should i do ? below are some of my queries regarding this issue :

 

1) will it better to search for new employer & transfer h1b ASAP.

YES

 

2) i didn't receive any pay stubs wile i was on vacation for a month so will it be an issue wile working on h1 B Transfer process ? 

WILL NOT BE AN ISSUE

 

3) i didn't receive any notification/ notice from employer or USCIS tat my h1b as been revoked yet , so is there any way that i can find out whether employer has actually revoked my petition ? 

NO

 

4)Now My employer is saying tat they still work to place me & once i will have a project through them they will be file new h1b & will be able to recapture time on h1 b . is this feasible option ?

COULD BE AN OPTION. BUT, LOOK FOR A JOB FROM YOUR SIDE TOO

 

 

Any answer.input will be really helpful. 

 

Tank You



#3 omshiv

omshiv

    Advanced Member

  • Members
  • PipPipPip
  • 5,071 posts

Posted 29 July 2013 - 08:52 AM

Sorry to hear that..these days on H1b its not adviced to take such a long vacation.

 

if they are willing to place you with another client you are fine...meanwhile you may also try searching for another jobs and do a h1 transfer..regarding paystubs..it shouldnt matter much as long as you have previous ones...also once they terminate you they would need to inform uscis.



#4 JoeF

JoeF

    Got helped? Now help !!

  • Members
  • PipPipPip
  • 11,246 posts
  • LocationSouthern California

Posted 29 July 2013 - 09:47 AM

First, H1 revocation is completely irrelevant for you.

Second, the employer obviously has laid you off.

Third, you can find another employer and that employer can file an H1 for you at any time.



#5 h1b_stamper

h1b_stamper

    Member

  • Members
  • PipPip
  • 22 posts

Posted 29 July 2013 - 10:12 AM

Hey,

 

I am just little confused. Is your employer revoking your H1-B or they have agreed to keep you on "bench" and find you another project? 

 

Either way, this is not a big issue given that you get on your toes and take actions.

 

First and foremost, start looking for projects. Do it profusely. Having a project in hand will solve the problem. If you don't feel safe with your employer, start calling other "staffing" companies to negotiate employment. Again, if you have project in hand, you will be at a better position to decide the pay, H1-B extension or transfer etc. 

 

For days that you are not in USA, they are not counted as a part of your stay on H1-B in US. So you don't have to be answerable for pay stub. 

 

So I would suggest that you talk to your employer and negotiate the "bench" option if they have any. If not find another one who don't revoke H1-B because the client ended a project. 

 

Hope this helps. 

 

T



#6 pratikny1287

pratikny1287

    Advanced Member

  • Members
  • PipPipPip
  • 38 posts

Posted 31 July 2013 - 10:19 PM

Thank you everyone for responding to my query .

 

My employer doesn't have any Bench option & tey told me tat i will be laid off on very next day once your project will end with client. i am actively looking for new employer wit whom can transfer h1 b before USCIS revoke my petition. 

 

Can you tell me how many days will i have to search for new employer given end date wit client will be 1st of August 

 

Thank You.



#7 omshiv

omshiv

    Advanced Member

  • Members
  • PipPipPip
  • 5,071 posts

Posted 01 August 2013 - 07:46 AM

Just do a COS to B1/B2 to be on the safer side instead of going Out of Status while not on Job.



#8 jairichi

jairichi

    Advanced Member

  • Members
  • PipPipPip
  • 13,295 posts

Posted 01 August 2013 - 08:48 AM

If you are in US, after 1st of August you would be out of status if you are no longer in the pay roll of your employer. There is no grace period for you to stay and to look for a job. You have to exit US asap. If you are in India there is no time limit. You can look for a new employer willing to file a H1B petition and once approved you are good to enter US provided your H1B visa is valid.



#9 JoeF

JoeF

    Got helped? Now help !!

  • Members
  • PipPipPip
  • 11,246 posts
  • LocationSouthern California

Posted 01 August 2013 - 02:16 PM

Thank you everyone for responding to my query .

 

My employer doesn't have any Bench option & tey told me tat i will be laid off on very next day once your project will end with client. i am actively looking for new employer wit whom can transfer h1 b before USCIS revoke my petition.

Again, understand that H1 revocation is irrelevant.

You are out of status from the layoff on, even if the H1 is not jet revoked.

So, FORGET H1 revocation. It is IRRELEVANT.

Your only concern is the day of layoff.

File a COS to B2 right after layoff. That keeps you legal.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users