Unlucky One Posted July 30, 2019 Report Share Posted July 30, 2019 Scenario: I am on my F1-OPT visa which is valid till End August 2020. I got sponsored (H1-b) this year with my employer and have an approved H1-b petition with me. It is approved. However, my employee has laid me off providing no reason and has indicated to me that they have revoked my H1-b petition as well on July 26, 2019. I was supposed to come on to H1b status on October 1, 2019 but that will not be the case. Currently, my H1b case status is showing as active on USCIS website. I want to know: 1. How long will it take USCIS to revoke my H1b petition? As per my research, USCIS usually takes up to 60 days to complete the revocation process, reflect it on the H1b case status page but it maybe done earlier. Please shed some light on this as I'm talking to new employers and I need to be clear with new employers as to where do I stand on this front. Will USCIS send a confirmation notice to my employer and to me to confirm the revocation or would they send a notice only to my employer? Note: When my H1-b got approved, the lawyer informed me and I did not receive any notification from USCIS as they had filed on my behalf. 2. If I find a new employer which agrees to take on my sponsorship (H1-b) for 2019, as per my research, the new employer can file for a new H1b (which would be cap-exempt but my new H1-b petition will go in direct processing since I already have an approved H1-b petition) but how much time does the new employer have to file for my new H1b? I do not want a new H1b (on behalf of new company) to get stuck because H1-b approved petition (on behalf of my old employer) got revoked? 3. Also, as per July 27, 2019, I am unemployed and have about 100 days on my F1-STEM OPT where I can stay unemployed till I find a new job. I have informed my university and updated them regarding my unemployment. I do not want to lose my F1-STEM OPT status. Is there anything else need to be done regarding maintaining my F1-OPT status or am I good with respect to F1-OPT? Please help. Quote Link to comment
JoeF Posted July 31, 2019 Report Share Posted July 31, 2019 The H1 is gone. A transfer is not possible. Quote Link to comment
GCoder Posted August 2, 2019 Report Share Posted August 2, 2019 A fresh H1b application is only for future work. Since you never worked on that H1b you cannot transfer the H1B. Given that whether you will be cap excempt for new application is a gray area. you need to consult an independent immigration attorney Quote Link to comment
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