h1b revoked, no job offer

[smurfette]

Hi there,

I got my H1b visa in Oct 2019, I got it stamped also, which is valid till Sept 2022. I got layed off on Dec 9, 2019. My employer has sent revoke to USCIS. I still have not found new employer.
I want to know in which I am not out of status:

1. If LCA has been filed before Feb 10
2. H1b is filed before Feb 10
3. Got receipt by Feb 10 but not started working till transfer is done
4. Got receipt and started working before Feb 10

Also, should my new employer know that my visa was revoked?

Thanks

[gopalakrishnach]

I guess your I94 is valid till Sept 2022. Before 60 days you need to apply for new H1B. Now you are good to stay in USA and look for new job.

[User099]

On 1/11/2020 at 5:40 PM, smurfette said:

Hi there,

I got my H1b visa in Oct 2019, I got it stamped also, which is valid till Sept 2022. I got layed off on Dec 9, 2019. My employer has sent revoke to USCIS. I still have not found new employer.
I want to know in which I am not out of status:

1. If LCA has been filed before Feb 10
2. H1b is filed before Feb 10
3. Got receipt by Feb 10 but not started working till transfer is done
4. Got receipt and started working before Feb 10

Also, should my new employer know that my visa was revoked?

Thanks

Feb 7th is your 60th day and not Feb 10th.

You will need to atleast have the receipt by then.

 

[smurfette]

Hi @gopalakrishnach, I guess what I meant to ask is what should my timeline should look like to be in the valid status, as I still haven't found new job and I have about 20 days left on the grace period and it takes 3-4 weeks to complete the onboarding process of most of the companies.

i.e. when should I stop looking for a job and start wrapping things up?

[User099]

On 1/13/2020 at 11:42 PM, smurfette said:

Hi @gopalakrishnach, I guess what I meant to ask is what should my timeline should look like to be in the valid status, as I still haven't found new job and I have about 20 days left on the grace period and it takes 3-4 weeks to complete the onboarding process of most of the companies.

i.e. when should I stop looking for a job and start wrapping things up?

If you don't find anything in a week or so, start making plans to leave. You can always come back with a new employer I797 approval notice, as you have a valid visa stamp in your passport till 2022. 

[User099]

On 1/13/2020 at 11:42 PM, smurfette said:

Hi @gopalakrishnach, I guess what I meant to ask is what should my timeline should look like to be in the valid status, as I still haven't found new job and I have about 20 days left on the grace period and it takes 3-4 weeks to complete the onboarding process of most of the companies.

i.e. when should I stop looking for a job and start wrapping things up?

If you don't find anything in a week or so, start making plans to leave. You can always come back with a new employer I797 approval notice, as you have a valid visa stamp in your passport till 2022. 

I think @gopalakrishnach  will also agree with this statement 🙂

[gopalakrishnach]

I agree with what @User099 says.. even if you leave 1 week illegal it may bite you in future when you go to visa stamping. They may ask you to prove what status where you for those 1 week.

Normally they say you have some days I guess 240 days or end date of I94 which ever comes first you can stay in USA but without H1B you cannot work. 60 days grace period is you have to have one H1B petition applied in process and the decision has to come by 240 days or end date of I94 which ever comes first. Now coming to your 60 days, count and make sure by end of 60 days you need to have H1B receipt number. In your case if your new employer cannot do that then make plans to leave.

Talk with immigration lawyer... we can advice what we know and this is not legal advice,,,