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H1B Withdrawal

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Hello,

My employer has accidentally submitted withdrawal notice of my H1b on October 13. The case status shows that the acknowledgement was received on Oct 22nd and it is under review. I have been working with and getting paid until yesterday. My questions.

1. Will I be getting a 60 day grace period in this scenario?

2. When will the 60day period end? Either on Dec 13 or Dec 22nd?

3. I have another employer going to submit a h1b petition. Will that be considered transfer or new petition?

4. Can the original employer reinstate the H1b as it was submitted accidentally?

Thanks!

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A withdrawal cannot be retracted.  Another employer submitting your H1b petition will be considered a transfer.  

The 60-day grace period begins on the date the H-1B beneficiary receives notice they are terminated and stops working pursuant to this termination. For example, if your employer notifies you on May 4 that you will be terminated in 2 weeks on May 18, your 60-day grace period will start May 18 (assuming the I-94 is still valid for the whole 60 days).

Edited by Zodiac System

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I think 60 day will be counted when USCIS approved the request, then you get mail. But your case looks like not complicated in general ask the same employer to file again, as it is his mistake and even if you take 60 days into account. As long he files ASAP that is good for you.

Not sure how your attorney/employer not kept you in loop when any action taken on you and they need your consent. anyways ask him to file ASAP.

 

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On 12/10/2021 at 12:10 PM, the1 said:

I think 60 day will be counted when USCIS approved the request

 

Nope. It starts from the day the person no longer works on the H1, i.e., the day of layoff.

Edited by JoeF

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