L1A to H1B change of status after layoff

[bujjibabu89]

Hi Everyone,

I came to US on L1A as a manager for company X on March 2017. My I-94 expiry is 12/Jan/2020. Company X filed H1B petition for me on Apr 2019 and the petition was approved under consular processing on July 2019. On Aug 15, 2019, I was laid off while my status was still on L1A. I applied for a developer position for the same company X and i am expecting an offer from them. I will most likely receive the offer after Oct 15, 2019 which will be beyond 60 days grace period.

My questions
1. Since my H1 was never activated, does company X obligated to revoke my H1 petition after layoff?
2. Assuming company X doesn't revoke my H1, can I get back to my home country and have my H1 visa stamped and travel back to US, post the 60 day grace period?
3. Are there any suggestions to switch to H1 from L1A post 60 days grace period?

Thanks for the help.

[User099]

1. They are supposed to let USCIS know to revoke you H1B, but its up to them.

2. If Company X offering the same job for which the H1B was filed? If yes, then you can go back to your home country to get visa stamped. But why would they lay you off if they have the job offer as in H1B?

3. H1 has not taken effect as it was a counsular processing case.

[bujjibabu89]

Thanks!

[JoeF]

They were required by law to inform USCIS that you no longer work there, so the H1 is gone. If they didn't inform USCIS they would have to continue paying you...