Urgent H1B revoked and i-140 and applied for H4 and waiting.

[rajmohan]

Here is my situation

I completed my 5.5 years on my H1B visa and my i-140 got approved in May 2014. Now I came to bench and my employer fired me due to non-billable status and canceled my H1B visa. On March 1st 2017 I received SMS notification from USCIS regarding revocation of my H1B status. But my spouse was on H1B from employerB and is on project now. So I applied for H4 in Jan 1st week and waiting for getting my status converted to H4. I heard it will take at least 2 months before my H4 get approved by USCIS.

1)Now what are my options to get back to H1B and start working again?

2)As my employer revoked my H1B, does that affect my i-140 ?

3)Many of my colleagues are suggesting me to get into a project and find another employer to file for H1B. Is this a viable option for considering the fact that my i-140 may also got revoked along with my H1B. Do you think it will be problematic to get back to H1B ? what are my options ?

4) Do I need to travel back to India and reenter once my H4 is approved or come back with another H1B ?

5)Any leagl problems as my current H1B is revoked and still waiting for H4 status?

6)Does my situation make me on illegal status now?

7)What are my options to get back to H1B considering my situation?

Appreciate your suggestions

Thanks
-Raj

[rajmohan]

My latest i-797 was valid till aug 2017. 
But in Nov 2016,I became non-billable and my EmployerA terminated me.
On Dec 2016 I applied for i-539 to vermont service center(change of Status to H4).
On March 1st 2017 I received H1B revocation alert from USCIS.
When I searched online for my i-94,it returned "No i94 records found".
One employerC whom I spoke suggested that I may have to go for consular process due to the fact that I do not have a valid i-94.

Considering the above points I mentioned above can any one help me understand my options to get back to my H1B status again? 
Now can I apply for H1 transfer through EmployerB ?

[JoeF]

Why did you not immediately upon being laid off file for a COS to H4?

And you can't even keep your story straight. In your first post, you said you applied for COS to H4 in January. In your second post, it was December. What now?

The employer was required by law to inform USCIS that you are no longer working there, and that resulted in USCIS revoking the H1.

It doesn't have anything to do with the I-94, although you are out of status since the layoff (the H1 revocation is irrelevant for that, the date of layoff matters.)

You will have to go abroad and use consular notification because a COS won't get approved due to you being out of status.

[cap-gap]

there is sixty days of grace period now..as long as you filed for H4 COS within that grace period you are fine..wait for H4 with new I94..then find an employer that finds the projects for you (not the other way...when will people learn that?).. convert o H1 COS..and start over with new GC process..you will just retain the PD of the old GC process..

[pontevecchio]

You should leave now and return with a H4 visa in H4 status. That makes you legal. Then if you find a new sponsor to file the H1 with COS from H4 you can get back to H1 status. By now after 5.5 years in H1 status, you should be aware that leaving a H1 employer entails revocation of that petition by law and this does not affect you in future.

[cap-gap]

18 hours ago, JoeF said:

And you can't even keep your story straight. In your first post, you said you applied for COS to H4 in January. In your second post, it was December. What now?

 

I missed that..the 60 day grace period rule is effective jan 2017..so it seems you are out of status..there might be some little chance that USCIS might at its discretion approve ur petition with new I94..