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About h1bvisaupdate

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  1. h1bvisaupdate

    Laid off job on H1-B, what are my options?

    1. Yes, 60 days is the limit. Beyond that unlawful presence is counted. 2. I am not sure about how student /visitor Visa works in this scenario. I will let others answer that.
  2. h1bvisaupdate

    H1B withdrawal

    Your employer can withdraw your petition anytime. My project was supposed to go on until 2021 but it ended way before time because of client budget issues. As a result I was laid off and they also sent the withdrawal notice on the last day of my work with client. But if you find another client with your employer, they may just need to file for ammendment. Once that is approved, you can come back with new approval notice. Go for premium. also, Check directly with your employer on their plans, ideally they need to send notice to the uscis.
  3. h1bvisaupdate

    H1B Validity After 5 years over

    I think you can come back if you still have one year of unused h1b. You can file under cap exemption and utilize the remaining period. However, you will only get approval for the remaining number of months on your current h1b.
  4. h1bvisaupdate

    h1b laid off and 60 days grace period

    Hello, I was laid off from job on 30th April and had 60 days to find another job and transfer h1b. I found another job and the employer is ready to file before 60 days end. My question is that do I also need to join the company I.e. start the work before 60 days (which ends on 28th June)? Or If it just requires for the h1b to be filed (and receive receipt )before 28th June? Will it be ok for me to start the work from 1st July? Technically I will have my receipt notice before 28th June but not sure if it also requires to join before 60 days. please help me understand.
  5. h1bvisaupdate

    Laid off from Project - on H1b

    You are correct! I assumed that if the I-797 is revoked then I94 also gets revoked (unless it is stamped as visa on passport). But my extension came with updated I94, so I think I am eligible for the 60 days grace period. However Company A told me that I have 60 days bench period even though have sent the I-797 to get revoked. I think I need to find a job otherwise will have to go back to my home country. Thank you JoeF and adshah84 for your help!
  6. h1bvisaupdate

    Laid off from Project - on H1b

    Hello, I need help with my current situation: I work for Employer A. I had filed for extension and recently got an approval on my H1b for 2 years (until July 2021). I haven't been to India to get my stamping done on the approved Visa (and get new i94 date), so my I94 date is old and expired. Due to unforeseen events, my client decided to go on budget cut and close the project sooner. So my current project ended with the client on 30th of April. Employer A told me that they will keep me on bench for 60 days (on loss of pay) while searching for another project/client. They have sent to USCIS to revoke my approved H1b. Now I know that as per below rule, any person who is terminated of the job can stay up to 60 days while searching for new job (and get H1B transfer). But in this case I have the old I94 expiration date (as I haven't been able to get the new approval stamping done), so does that mean that below rule is not applicable to me? Please help me understand what is my best option in this scenario. Can I stay and search for job? "The Final Rule on High Skilled Workersthat went into effect on January 17, 2017 provides H-1B workers with a grace period of up to 60 consecutive days – or until the expiration date of their current I-94, whichever period is sooner – following the loss of employment, during which they can remain lawfully in the United States and seek sponsorship by a new employer."
  7. Hi Everyone, I am new to this site and need your help on the following situation. I changed my job from Company A to Company B in Sept 2017 and was working on receipt number. My I94 is expired and my 240 days are closing in by mid-May. I filed for Premium on March 17th and received RFE on USCIS visa tracking site on March 21 (saying that they have requested for additional evidence and mailed the RFE docs on March 21st). It has been more than 3 weeks and each time I follow up with my employer on the reason for RFE, they say that they haven't received the package and don't know the reason yet. My worry is that from now on I basically have only a month left (before my 240 days are over) and even though i have changed my visa to premium, will it really take that long for the attorney to receive the RFE package? Do they have any reason to lie to me? Also, we will have to respond to the RFE soon otherwise i will not be able to work/stay in USA post a month. Is there anything I can do so I know the reason of RFE soon?