What happens if H1b revoked

[sureshv120]

Hi,

 

I am newly on H1b. I am not very educated regarding H1bs. I am currently with company A. Say in the future Company A revoke's my H1b and does not let me know, then how do I handle things? I will go out of status, the moment they revoke the petition on the revoke date correct?

 

How do I maintain status and what is the sequence of events and time frame within which I need to follow?

[jairichi]

If you are laid-off or if your resign then your last day of work with employer is the last day you are on H1B with that employer. In that case apply for a COS to B2 or dependent status based on your spouse or move to a new employer by employer filing a cap exempt H1B petition or exit US.

[JoeF]

Hi,

 

I am newly on H1b. I am not very educated regarding H1bs. I am currently with company A. Say in the future Company A revoke's my H1b and does not let me know, then how do I handle things?

They would let you know, because it would be a layoff. Or you resign, at which time you would know it as well.

A company is required by law to inform USCIS if the person on H1 is no longer working for the company.

[sureshv120]

Say my employer lays me off on Date x. So On Date x + 1 I will not be in H1b status correct? Will I be out of status? How much time after date x do I have to switch onto B2 or new H1b? I am concerned of going out of status.

[ashuneel]

purpose of revocation is to inform USCIS that you are no longer working  at the company because you are laid-off or if you resign .  So technically it is not possible while you are still on payroll.

Usually they can take upto 2 months to inform the USCIS about end of H-1b. look for different employer if you have such serious concerns.

[jairichi]

Say my employer lays me off on Date x. So On Date x + 1 I will not be in H1b status correct? Will I be out of status? How much time after date x do I have to switch onto B2 or new H1b? I am concerned of going out of status.

You will be out of status from the next day after you are laid off or you resign if a COS application was not filed in a timely manner.

[JoeF]

Say my employer lays me off on Date x. So On Date x + 1 I will not be in H1b status correct? Will I be out of status? How much time after date x do I have to switch onto B2 or new H1b? I am concerned of going out of status.

 

You would indeed be out of status on day x + 1. There is no grace period. You would have to file a COS to another status like B2 or H4 immediately.

H1 revocation doesn't even matter for all of that. It is completely irrelevant for the person.

The day of layoff is the only thing that matters.

That's why people really need to stop worrying about H1 revocation. The only thing people need to care about is the actual layoff.

[sureshv120]

In that case if employer gives me a week's of notice for layoff, then I could change status somehow. However if say the employer fires me today evening itself. Then I am in big trouble...Strange, there should be some way out. Some way wherein I atleast get time to breathe and have time to file COS.

[jairichi]

In that case if employer gives me a week's of notice for layoff, then I could change status somehow. However if say the employer fires me today evening itself. Then I am in big trouble...Strange, there should be some way out. Some way wherein I atleast get time to breathe and have time to file COS.

Even though it is not a written law if you manage to send your COS application to USCIS within a week of being fired you must be fine.

[JoeF]

In that case if employer gives me a week's of notice for layoff, then I could change status somehow. However if say the employer fires me today evening itself. Then I am in big trouble...Strange, there should be some way out. Some way wherein I atleast get time to breathe and have time to file COS.

 

Firings are usually done during the day, not at the end of the day.

Filling out form I-539 for a COS, e.g., to H4 or B2, is a simple thing.

Oh, and if you are laid off, the employer by law is required to pay for your flight back to your home country, if you wish to go back (not for dependents, though.)