lgvisa Posted April 1, 2014 Report Share Posted April 1, 2014 Yesturday I saw in the USCIS case status by providing the WAC and came to know that the H1B petition was revoked last week. Is there any other way to check the revocation? The i94 is valid until october 2014. Am i legally allowed to stay until then? How many days can I stay in US legally? Link to comment
jairichi Posted April 1, 2014 Report Share Posted April 1, 2014 Yesturday I saw in the USCIS case status by providing the WAC and came to know that the H1B petition was revoked last week. Is there any other way to check the revocation? The i94 is valid until october 2014. Am i legally allowed to stay until then? How many days can I stay in US legally? When was your last working day with employer? Why did your employer revoke your H1B petition? Were you informed by employer? This is a question to your employer. Either you leave US immediately or move to a dependent status. Link to comment
JoeF Posted April 1, 2014 Report Share Posted April 1, 2014 You are out of status from the day of layoff. The H1 revocation is completely irrelevant for you. Only the day of layoff matters. Link to comment
rahul412 Posted April 1, 2014 Report Share Posted April 1, 2014 Yesturday I saw in the USCIS case status by providing the WAC and came to know that the H1B petition was revoked last week. Is there any other way to check the revocation? The i94 is valid until october 2014. Am i legally allowed to stay until then? How many days can I stay in US legally? Did you ask your employer why it was revoked?? Link to comment
lgvisa Posted April 2, 2014 Author Report Share Posted April 2, 2014 Will it make sense if I try to find out a job after h1b revocation? Link to comment
jairichi Posted April 2, 2014 Report Share Posted April 2, 2014 Will it make sense if I try to find out a job after h1b revocation? Yes, new employer can file a cap exempt H1B petition and you would get approval as consular processing. If you have not yet changed your status in US you are out of status and your presence is illegal. Link to comment
JoeF Posted April 2, 2014 Report Share Posted April 2, 2014 Will it make sense if I try to find out a job after h1b revocation? You should have started searching for a job from the day you were laid off. Why did you wait until now? Link to comment
rahul412 Posted April 2, 2014 Report Share Posted April 2, 2014 Will it make sense if I try to find out a job after h1b revocation? You can try. But since your are currently out of status, it might trigger RFE. what was the reason for revocation?? Link to comment
asha2020 Posted April 2, 2014 Report Share Posted April 2, 2014 If you have valid h1b for next few months you may file h1b transfer. If your H1b is revoked you need to go out of the country immediately or your stay will be illegal. Link to comment
JoeF Posted April 3, 2014 Report Share Posted April 3, 2014 If you have valid h1b for next few months you may file h1b transfer. If your H1b is revoked you need to go out of the country immediately or your stay will be illegal. Completely WRONG! The OP ALREADY is illegal, from the day of layoff. The H1 revocation has absolutely NO meaning for the OP. An H1 transfer also has absolutely NOTHING to do with H1 revocation or not! Forget about H1 revocation. Is is IRRELEVANT! The ONLY thing that matters is the day of layoff! Link to comment
lgvisa Posted April 4, 2014 Author Report Share Posted April 4, 2014 Am i in out of status or illegal status now? what option would be the best to adopt? 1) Get a job and transfer h1b to new company. 2) Change the visa status to B2/F1. Link to comment
jairichi Posted April 4, 2014 Report Share Posted April 4, 2014 Am i in out of status or illegal status now? what option would be the best to adopt? 1) Get a job and transfer h1b to new company. 2) Change the visa status to B2/F1. Out of status based on I94 expiry date. Option 1. But, leave the country as H1B petition would be approved as consular processing. Link to comment
JoeF Posted April 4, 2014 Report Share Posted April 4, 2014 Am i in out of status or illegal status now? what option would be the best to adopt? 1) Get a job and transfer h1b to new company. 2) Change the visa status to B2/F1. You are out of status from the day of layoff! Again, H1 revocations is completely IRRELEVANT. It does NOT mean anything for you! The ONLY thing that matters is the day of layoff. Please get that into your head! Link to comment
rahul412 Posted April 4, 2014 Report Share Posted April 4, 2014 Am i in out of status or illegal status now? what option would be the best to adopt? 1) Get a job and transfer h1b to new company. 2) Change the visa status to B2/F1. If you doesn't have a job on H1 then you are out of status 1. You can 2. Try B2 no more F1. Link to comment
jairichi Posted April 4, 2014 Report Share Posted April 4, 2014 If you doesn't have a job on H1 then you are out of status 1. You can 2. Try B2 no more F1. His COS to B2 will not be approved as he is out of status at the time of application. Link to comment
JoeF Posted April 4, 2014 Report Share Posted April 4, 2014 Out of status based on I94 expiry date. Option 1. But, leave the country as H1B petition would be approved as consular processing. Being out of status has nothing to do with the I-94. The OP is out of status because the OP is no longer employed. The I-94 expiration date comes into play for an overstay, which is a different thing. Link to comment
JoeF Posted April 4, 2014 Report Share Posted April 4, 2014 Am i in out of status or illegal status now? what option would be the best to adopt? 1) Get a job and transfer h1b to new company. 2) Change the visa status to B2/F1. Being out of status IS being illegal. And forget F1. It takes several months to get admission to a university. If you sign up with some fraud, your career in the US will be over forever. Link to comment
jairichi Posted April 4, 2014 Report Share Posted April 4, 2014 Being out of status has nothing to do with the I-94. The OP is out of status because the OP is no longer employed. The I-94 expiration date comes into play for an overstay, which is a different thing. You are correct. I was specifying I94 because if expired it is illegal stay. Link to comment
lgvisa Posted April 18, 2014 Author Report Share Posted April 18, 2014 I am trying to find out a new employer, but all of them are rejecting me saying that my case is very complicated because it will take several weeks (almost 1 1/2 to 2 months) to start with the new project. Suppose if i get a project today, the new employer needs to apply for LCA, then apply for H1b in premium processing, obviously i will get an RFE (since I do not have the most recent paystubs and also my H1b was revoked) and I would need to go out of US to get stamping. Once the stamping gets successful, i will have to return back to US and start working. This procedure will take many weeks it seems because of which no employer is willing to take me. Please let me know if there is any alternative? Link to comment
rahul412 Posted April 18, 2014 Report Share Posted April 18, 2014 IPlease let me know if there is any alternative? Contact an attorney. You are already out of status and still looking for some other alternative. Link to comment
lgvisa Posted April 25, 2014 Author Report Share Posted April 25, 2014 I am willing to find out a new employer, get a job and file for a new H1b. I am OK to go for stamping outside the US. But I am wondering why not a single employer is willing to work with me. Does anyone knows any employer who takes up H1b revocation case like mine? I want to know if I am being sabotaged by my previous employer. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.