221g Laid off

[h1b221glaidoff]

I was Laid off while I have come for stamping my 1st H1b visa.

I am an Indian Nationality and passport holder, Arrived in The US on Aug 2016 on F1 visa. Graduated with Masters in May of 2018 and obtained EAD card through OPT [Valid July 2018- July 2019]

I have worked with an employer immediately after graduation and they filled for my H1b visa as a FULL-time employee in the month of April 2019 and it was approved for the year Oct 2019-Aug 2022 through COS.

I have come to India for my H1b stamping and have received a 221g administrative processing from the US consulate In Mumbai India. The consular officer also Canceled my Student Visa. Currently, I have submitted all my documents requested by the consulate and they are processing amidst the lockdown imposed by the Indian Government to control the spread of Covid-19, causing the extreme delay in the issue of visa.

Following are my questions:

1. Within, how many days do I have to find employment & have my H1b transferred? My current employer has mentioned they would be withdrawing my H1b. I currently have an Approved i797a. I am aware, I will have 60 days grace period, is it applicable to me as well, as I not currently located outside of United States?

2. If I find employment after 60 days and is willing to transfer my H1 while residing outside of the USA, Can I reactivate my current H1? Or will I need to file a new H1 during April of next year?

3. Assuming my current visa is stamped for the old employer after lockdown opens, will I be able to travel to the US with the new I797?

4. If my Visa is not approved and I don’t receive my stamping from the US consulate, Do I need to enter Lottery again?

[gopalakrishnach]

I may be wrong.

1. Since you are outside USA 60 days will not work for you.

2. Once employer revokes H1B you cannot re-activate it. If they want to take you back after revoke, they need to file new H1B petition. I guess there is no concept of re-activate revoked H1B.

3. By chance, if you get visa stamped and new H1B petition approved by new employer you can come to USA without new stamp for new employer. But I highly doubt your visa will be stamped since old employer will revoke your H1B.

4. No lottery.

[User099]

You are India, you need not worry about the grace period. If you find a new employer they can file for a new H1 for you anytime (even after 60 days). 

You don't need to go thought the lottery again, you can use the remaining H1 validity period with any employer.

Don't travel as you have lost your job. You will run into issues at POE.

[h1b221glaidoff]

On 5/12/2020 at 1:17 AM, gopalakrishnach said:

I may be wrong.

1. Since you are outside USA 60 days will not work for you.

2. Once employer revokes H1B you cannot re-activate it. If they want to take you back after revoke, they need to file new H1B petition. I guess there is no concept of re-activate revoked H1B.

3. By chance, if you get visa stamped and new H1B petition approved by new employer you can come to USA without new stamp for new employer. But I highly doubt your visa will be stamped since old employer will revoke your H1B.

4. No lottery.

Thank you for your response Gopalkrishnach, 

I just wanted to confirm, my next course of action should be to > find a new job [Irrespective of how much ever long it takes]. >ask them to file for my H1B transfer> get a new h1b stamping [if my current stamping is denied]> reenter the USA > obtain new i94. and I could utilize the remainder of my H1b duration. Is this right? 

The consulate officer asked me to take back my passport with me after the interview.  If he approves my stamping, ask me to mail in my passport to the Consulate, What do you recommend? 

I also wanted to add, I don't have i-94 on h1b. My last entry into the US was on F1 which was valid as D/S. Is this a probable issue of any kind? 

Edited May 13, 2020 by h1b221glaidoff

[h1b221glaidoff]

On 5/12/2020 at 9:10 AM, User099 said:

You are India, you need not worry about the grace period. If you find a new employer they can file for a new H1 for you anytime (even after 60 days). 

You don't need to go thought the lottery again, you can use the remaining H1 validity period with any employer.

Don't travel as you have lost your job. You will run into issues at POE.

Thank you for your response User099, 

I wanted to add, I don't have i-94 on h1b visa. My last entry into the US was on F1 which was valid until D/S. Is this a probable issue of any kind?

The consulate officer asked me to take back my passport with me after the interview.  If he approves my stamping, ask me to mail in my passport to the Consulate, What do you recommend? 

Edited May 13, 2020 by h1b221glaidoff

[gopalakrishnach]

I just wanted to confirm, my next course of action should be to > find a new job [Irrespective of how much ever long it takes]. >ask them to file for my H1B transfer> get a new h1b stamping [if my current stamping is denied]> reenter the USA > obtain new i94. and I could utilize the remainder of my H1b duration. Is this right?  ============ RIGHT

The consulate officer asked me to take back my passport with me after the interview.  If he approves my stamping, ask me to mail in my passport to the Consulate, What do you recommend?  ========= I feel since you are laid off they may reject visa but just in case they want to issue send them passport.

Do not travel to USA even you get passport since you are laid off... at POE they may verify your employment and at that time you will be send back and this is BIG BIG red mark. So better find new employer and come on new job...

[pontevecchio]

Have you ever worked for the initial H1 sponsor in H1 status?

[User099]

On 5/13/2020 at 3:20 PM, h1b221glaidoff said:

Thank you for your response User099, 

I wanted to add, I don't have i-94 on h1b visa. My last entry into the US was on F1 which was valid until D/S. Is this a probable issue of any kind?

The consulate officer asked me to take back my passport with me after the interview.  If he approves my stamping, ask me to mail in my passport to the Consulate, What do you recommend? 

I94 for F1 with D/S is common. I am not sure what to do in such a case where you lost your job and you are going thought 221G and if cleared should you get that visa stamped. I would not recommend sending the passport. I also think Consualte will not approve it as they will check if the H1 was revoked or not and most employers will withdraw the H1 once you are fired or quit the job.

 

[h1b221glaidoff]

21 hours ago, pontevecchio said:

Have you ever worked for the initial H1 sponsor in H1 status?

Yes, I have. COS was approved from F1 to H1. 

I was working FT for the same employer from Oct 1. 2019 until the Date of US departure 6th feb 2020. 

Was on a loss of pay[Payroll was active during this time.] for 11 weeks until may 8th. 

 

 

[h1b221glaidoff]

On 5/14/2020 at 9:22 PM, gopalakrishnach said:

I just wanted to confirm, my next course of action should be to > find a new job [Irrespective of how much ever long it takes]. >ask them to file for my H1B transfer> get a new h1b stamping [if my current stamping is denied]> reenter the USA > obtain new i94. and I could utilize the remainder of my H1b duration. Is this right?  ============ RIGHT

The consulate officer asked me to take back my passport with me after the interview.  If he approves my stamping, ask me to mail in my passport to the Consulate, What do you recommend?  ========= I feel since you are laid off they may reject visa but just in case they want to issue send them passport.

Do not travel to USA even you get passport since you are laid off... at POE they may verify your employment and at that time you will be send back and this is BIG BIG red mark. So better find new employer and come on new job...

Thank you for your response Gopalkrishnach. 

[JoeF]

On 5/15/2020 at 3:24 PM, h1b221glaidoff said:

Yes, I have. COS was approved from F1 to H1. 

I was working FT for the same employer from Oct 1. 2019 until the Date of US departure 6th feb 2020. 

Was on a loss of pay[Payroll was active during this time.] for 11 weeks until may 8th. 

 

 

Then you got a new I-94 with the H1 that had an end date on it.

Payroll doesn't matter once you are abroad. By definition a person can only have a status while in the US, so when you are abroad you are not on H1, so the H1 rules don't apply.

Edited May 18, 2020 by JoeF

[A_P_]

On 5/13/2020 at 12:14 PM, h1b221glaidoff said:

I also wanted to add, I don't have i-94 on h1b. My last entry into the US was on F1 which was valid as D/S. Is this a probable issue of any kind? 

So, by saying this you mean your I-797 approval notice did not come with attached I-94 with it? If yes, then you H-1B was approved but not COS. Your H-1B was approved for consular processing. If you get I-797 approval without I-94, you can't start working until you go for consular processing and get the valid visa.