Laid off on 12.10.2013 I was working on H1b visa

[sunny19831979]

I was working on H1b visa which was good through Sep 2015. However, I was laid off on Dec 11th, 2013 and I received an email from USCIS stating that they have revoked a prior decision on my i-129 peition and will be mailing me a letter explaining it. I have not received the letter, but I am assuming that my employer might have informed USCIS about my last work day of Dec 10th, 2013.

 

I have interviewed with couple of companies and I expect to get an offer sometime this week and my employer will be filing a new H1b petition soon.

 

I understand that I am out of status.

 

1) Could I apply for a temporary visitors visa (B-1 I think) and stay in USA till my new H1b petition is approved?

 

2) If the petition is approved, then could I start working with new employer r I have to go to India and get my H1b visa stamped?

 

3) Have people in a situation similar to mine been out of status for about 30 days or so and have gone back to India and got the new H1b stamped and came back? Or this usually American Embassies back in India deny stamping H1b visa in such situations and most likely you may not come back even if your H1b petition is approved?

 

Would appreciate your help and replies.

 

Thank you

 

 

 

 

[jairichi]

I was working on H1b visa which was good through Sep 2015. However, I was laid off on Dec 11th, 2013 and I received an email from USCIS stating that they have revoked a prior decision on my i-129 peition and will be mailing me a letter explaining it. I have not received the letter, but I am assuming that my employer might have informed USCIS about my last work day of Dec 10th, 2013.

 

I have interviewed with couple of companies and I expect to get an offer sometime this week and my employer will be filing a new H1b petition soon.

 

I understand that I am out of status.

 

1) Could I apply for a temporary visitors visa (B-1 I think) and stay in USA till my new H1b petition is approved?

 

2) If the petition is approved, then could I start working with new employer r I have to go to India and get my H1b visa stamped?

 

3) Have people in a situation similar to mine been out of status for about 30 days or so and have gone back to India and got the new H1b stamped and came back? Or this usually American Embassies back in India deny stamping H1b visa in such situations and most likely you may not come back even if your H1b petition is approved?

 

Would appreciate your help and replies.

 

Thank you

1. Apply for a COS to B2 and you can stay till a decision is made on that.

2. Since you were out of status there is a high probability that your H1B petition might get approved as consular processing. In that case you need to exit and enter US with a H1B visa.

3. Yes, there are several instances of people being out of status and coming back to US after H1B visa stamping.

[t75]

You do not need new stamping if your visa is currently valid.  You will have to enter with valid visa if your petition is approved for consular processing (without new I-94).

[pontevecchio]

As long as you have not overstayed the I94 by 180 days or more you can certainly get a H1 visa to come back.

 

1. In your case it makes no difference as they will reject a COS as they already know you are out of status. In your position staying a few weeks more without applying for a COS may be feasible if you do have some other leads.

 

2. Most likely the visa.

 

3. Yes. It all depends on the credibility of the company filing the H1 petition.

[sunny19831979]

As long as you have not overstayed the I94 by 180 days or more you can certainly get a H1 visa to come back.

 

1. In your case it makes no difference as they will reject a COS as they already know you are out of status. In your position staying a few weeks more without applying for a COS may be feasible if you do have some other leads.

 

2. Most likely the visa.

 

3. Yes. It all depends on the credibility of the company filing the H1 petition.

 

Thank you !!! Appreciate your reply!!

[allaboutsam]

What happ ? Did you got your H1B approved ? Where you asked to go out of the country and come back ? did you transfer from H1 to B1?