H1B revoke and B1/B2 Status

[aktar1976]

Hello,

My employer going to revoke my H1B on 22nd Feb 2014 and they told me i should leave USA before 28th Feb 2014. My H1B valid till 2016 and I have B1/B2 visa also and it valid till 2017. 

I know it takes 3 to 4 weeks more to get another employer to transfer my H1B.

Can any one advise me what would be the best way to stay in US and find an employer to transfer my H1B. 

[jairichi]

Hello,

My employer going to revoke my H1B on 22nd Feb 2014 and they told me i should leave USA before 28th Feb 2014. My H1B valid till 2016 and I have B1/B2 visa also and it valid till 2017. 

I know it takes 3 to 4 weeks more to get another employer to transfer my H1B.

Can any one advise me what would be the best way to stay in US and find an employer to transfer my H1B. 

If you would like to stay in US apply for a COS to B2 and ask new employer B to file your cap exempt H1B petition in PP. Once approved exit and enter US with a valid H1B visa and new employer's I797. In this way your COS to B2 gets abandoned. Alternatively, find an employer to file a cap exempt H1B petition as consular processing, make use of free ticket to your home country by your current employer and come back later when H1B petition with new employer is approved.

[pontevecchio]

Your B2 is immaterial. File an application for COS from H1 to b2 tomorrow stating your H1 is going to be revoked and that you have money to support yourself while you are winding up(with proof). In the meantime you can get a H1 sponsor to file and get a H1 petition approved and leave to come back with the visa. Alternatively talk to a Lawyer very soon.

[aktar1976]

Thanks Jairichi and Pontevecchio for prompt reply.

 

1) Another company try to get a new project for me. After getting project they will apply for transfer. As i have another 18 days, should i wait for new project or need to apply for COS immediately. And how long it takes to change my status after apply for COS.

 

2) After getting B2 status how long it takes if an employer want to transfer my H1B and from when i can start work.

 

3) I long i will stay with B2 status.

[aktar1976]

Sorry.

3) How long i will stay with B2 status.after changing H1B to B2.

[jairichi]

 

Thanks Jairichi and Pontevecchio for prompt reply.

 

1) Another company try to get a new project for me. After getting project they will apply for transfer. As i have another 18 days, should i wait for new project or need to apply for COS immediately. And how long it takes to change my status after apply for COS.

 

2) After getting B2 status how long it takes if an employer want to transfer my H1B and from when i can start work.

 

3) I long i will stay with B2 status.

 

1. You can file for a COS to B2 on the last day of your work with current employer.

2. For a new cap exempt H1B petition approval it takes 3 to 4 months by regular processing and 15 calendar days by premium processing.

3. Till a decision is made on your COS to B2 or 180 days whichever is earlier.

[aktar1976]

My employer verbally told me that I am going to laid off on 28^th February and my last paystub will get on 15^th March and till 15^th March I can stay in US according my employee. (I am getting semi monthly salary and always 15 days later)

 

Question 1: If I laid off on 28^th February then from 1^st March to 15 March what will be my status? Though my employer said i can stay till 15th March 2014.

 

Question 2: What is the formal way to get laid off notice? Actually what is the convention in US? I got only verbal notice.

[jairichi]

My employer verbally told me that I am going to laid off on 28^th February and my last paystub will get on 15^th March and till 15^th March I can stay in US according my employee. (I am getting semi monthly salary and always 15 days later)

 

Question 1: If I laid off on 28^th February then from 1^st March to 15 March what will be my status? Though my employer said i can stay till 15th March 2014.

 

Question 2: What is the formal way to get laid off notice? Actually what is the convention in US? I got only verbal notice.

1.  The day after 28th Feb (last working day) you are out of status.

2. Look at your contract.

 

And, since you are being laid off your employer has to provide you a one way air ticket back to your home country.

[aktar1976]

Thanks Jairichi,

One last questions.

 

If i applied for COS (H1B to B2) and during its status Pending and i leave USA that time what will be my COS application status after that time.

[jairichi]

Thanks Jairichi,

One last questions.

 

If i applied for COS (H1B to B2) and during its status Pending and i leave USA that time what will be my COS application status after that time.

Your COS application would be considered abandoned.

[aktar1976]

One urgent question please reply.

My previous H1B - LCA wages was level-2. Now my new company planing to transfer my H1b with LCA wages Level-1.My new company already have an approved LCA with wages level-1 (without my name). 

Is there any possibility to reject H1b transfer for wages decrease LCA level2 to level1?

[jairichi]

One urgent question please reply.

My previous H1B - LCA wages was level-2. Now my new company planing to transfer my H1b with LCA wages Level-1.My new company already have an approved LCA with wages level-1 (without my name). 

Is there any possibility to reject H1b transfer for wages decrease LCA level2 to level1?

I am sorry I am not sure about this. You need to talk to an attorney.

[pontevecchio]

I do not think a blanket LCA works. I always assumed it was specific for an individual. Are you sure you know what you are getting in to? Do you have a Lawyer to help you?

[aktar1976]

My new employer already submitted with that and Uscis received this on 28th Feb 14 . My employer said it is no matter. Actually i am afraid.

 

1) If i will got reject then what will be the next step?

2) will i be without status?

3) At this moment, can my spouse enter USA from my native country. She have valid H4. I saw in Uscis site that my previous H1B still active.

 

Please reply.

[jairichi]

My new employer already submitted with that and Uscis received this on 28th Feb 14 . My employer said it is no matter. Actually i am afraid.

 

1) If i will got reject then what will be the next step?

2) will i be without status?

3) At this moment, can my spouse enter USA from my native country. She have valid H4. I saw in Uscis site that my previous H1B still active.

 

Please reply.

1. To leave the country.

2. Yes.

3. No. Better for your spouse to enter after your H1B gets approved with new employer. She needs a copy of your new I797.

[aktar1976]

Thanks for your reply.

After getting your reply i have talked with Uscis Customer care. They told me that my spouse can enter in US at this moment. So i am just confused.

[jairichi]

Thanks for your reply.

After getting your reply i have talked with Uscis Customer care. They told me that my spouse can enter in US at this moment. So i am just confused.

I would ask you to talk to your attorney about your spouse's travel to US.