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luckysing007

H1B revoked notice. What to do next ?

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I was terminated by my employer (was on H1b) .My last working day wasfirst week of November but I was on pay roll until end of November which was supposedly the last day if I am not wrong. I got an offer from employer B and they filed my visa transfer in premium processing on December 5th and I am waiting on a response on that. I got an email notification from USCIS that the I29 for my old h1b was revoked. What happens to my new transfer petition will I loose my status. Am I still eligible for the 60 day grace period considering my job had officially ended on 22nd November(last day on pay roll). I never mentioned that I was out of status to the lawyers that filed my visa transfer .What happens next since my old visa is revoked and I am applying for a visa transfer ? Did I mess it up big time. Please help !

Edited by luckysing007

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If you last working day was first week of Nov, then why did they run the payroll till Nov 22nd?

Did USCIS revoke it on your previous employers request?

Even if USCIS revoked it on your employer's request you are in the 60 day grace period, you are good. 

 

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Thank you so much! The two weeks was a grace period for me to wind down and train people but I was on payroll until 22nd which was basically no work or remote work for the last two weeks. So I have until January 22nd. Do the immigration lawyers for company B have to specify something explicitly while filing the application. I just got the receipt notice today and will I have to leave the country and get a new visa stamping . My current visa expires in July 2020. Thank you so much for replying to my questions and for giving me hope and guidance.

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Yes, employers are supposed to withdraw the H-1B approvals of employees who have left the company.,  same case of me and i asked my attorney, she said "employers are supposed to withdraw the H-1B approvals of employees who have left the company." 

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The old employer was required by law to inform USCIS that you no longer work there. It has no effect on you. You still have the 60 day grace period (or until the I-94 expires, whichever is shorter.)

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15 hours ago, luckysing007 said:

Thank you so much! The two weeks was a grace period for me to wind down and train people but I was on payroll until 22nd which was basically no work or remote work for the last two weeks. So I have until January 22nd. Do the immigration lawyers for company B have to specify something explicitly while filing the application. I just got the receipt notice today and will I have to leave the country and get a new visa stamping . My current visa expires in July 2020. Thank you so much for replying to my questions and for giving me hope and guidance.

Firstly, your last working day is Nov 22 and not First week of Nov. It will just cause confusion in calculating the 60 days. You will have till Jan 21 to find a new job with out leaving the country, which you have already done. Now just wait for the case to be approved and if it comes back with an I94, you don't need to leave the country. All the best!

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Your case is very common and you should not worry too much if all of the following is true in your case: 

1. Your I-20 is still valid for the next 60 days from the date of lay off. Visa expiration and I-20 dates can be different. In your case, the I-20 expiration date is important and NOT the visa date. 

2. Most likely the new employer has filed new I-129 as an Extension of Stay- you can continue to stay in the US and start working for the new employer. 

In order to maintain status, the USCIS only cares if an applicant's employer has filed I-129 within 60 days of the grace period. That's it. Revocation notice during these 60 days does NOT invalidate your status. 

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1 hour ago, Chai said:

Your case is very common and you should not worry too much if all of the following is true in your case: 

1. Your I-20 is still valid for the next 60 days from the date of lay off. Visa expiration and I-20 dates can be different. In your case, the I-20 expiration date is important and NOT the visa date. 

2. Most likely the new employer has filed new I-129 as an Extension of Stay- you can continue to stay in the US and start working for the new employer. 

In order to maintain status, the USCIS only cares if an applicant's employer has filed I-129 within 60 days of the grace period. That's it. Revocation notice during these 60 days does NOT invalidate your status. 

I-20 is for F1. It has no meaning here. The I-94 is what matters.

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I want to thank each and everyone who shared their perspective and guided me during this time. I wanted to share that my visa was approved. I am maintaining the old I94 number of my last visa. I am guessing I don't have to leave the country. I am waiting for the physical copy to arrive and will update the post soon. Thanks again for all the help. I really appreciate it!

Edited by luckysing007

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1 hour ago, luckysing007 said:

I want to thank each and everyone who shared their perspective and guided me during this time. I wanted to share that my visa was approved. I am maintaining the old I94 number of my last visa. I am guessing I don't have to leave the country. I am waiting for the physical copy to arrive and will update the post soon. Thanks again for all the help. I really appreciate it!

Congrats! Glad that everything worked out well for you.

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