Very urgent issue on H1B and please Help Needed!


AYS

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Hi,

 

Hello to everyone in the group. I am looking for a valuable inputs on my case which would really help me in dealing my case.

 

Below are the points which summarizes my case:

 

 - Got laid off on Jan 14th 2016 from my previous company

 - My last pay stub got generated on Jan 19th 2016

 - My last severance package got generated on Jan 23 2016 

 - found a new employer and had filed H1B Transfer on March 4th 2016 on regular processing

 - On  Mar 16th my old employer sent to USCIS for revoke and on April 6th 2016 i checked USCIS website and it said , it says "we revoked the approval of your case".

 

Now i have totally started to worry, as my old H1b has been revoked april 16th and my new H1b transfer was applied on Mar 4th.

I can't apply on premium processing as i don't have paystub for the month of feb 2016.

 

- Please let me know am i safe since my new H1b transfer was started before my  old h1b is been revoked

 

- should i be  in regular processing  and wait until the USCIS takes up my transfer case

 

- if i upgrade it for premium now, since i don't have payslips for almost 6 weeks , will i get RFE asking for the gap.

 

I would be looking for your answers as your inputs will help me to go in right direction.  

 

Thank You!

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thanks for reply. But the gap b/w my revocation and Transfer case is just one month. This should not matter at all?

 

-  are there no chances of getting approved without Consular Processing

- usually how long does it take for regular processing

- should not i go for premium processing at this stage 

 

Thanks,

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From Jan 15th 2016 to March 4th 2016 you were out of status and it has nothing to do with H1b revoke. 

You can get RFE in any condition regular or Premium. 

In your condition worst case scenario is your H1b will approve without I94 that means you have to leave country and enter with new I94/stamping which ever is applicable. 

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Thanks adshah84. I just consulted a attorney and he said that i should not worry about gap in paystub as i am eligible for 60 days grace period. Is that true?

I told him that it has not come into the existence, but he argues that i am eligible for that. Since he is an immigration attorney i am not sure should i trust him or not on 60 days grace period.

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There is NO grace period. While a person on H1 has up to 60 days to report to an employer, that doesn't mean that you have a grace period.

Whatever lawyer you consulted is clueless.

You have been out of status from the last day at work. Period.

The 60 day stuff would only apply if by Jan. 15 a new H1 for you had been approved.

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Harvarts,

 

Cool down. Your case is not as bad as mine. The positive point here is 60 days grace period as published here:  http://www.murthy.com/2016/02/02/proposed-dhs-regulation-provides-additional-grace-periods/

 

You may want to read this too. All the best.

 

http://forum.murthy.com/index.php?/topic/95491-laid-off-h1b-denial-while-other-h1b-is-pending/

Thank you. But 60 days grace period is still in proposed rule and it has not implemented yet.

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Harvarts,

 

Cool down. Your case is not as bad as mine. The positive point here is 60 days grace period as published here:  http://www.murthy.com/2016/02/02/proposed-dhs-regulation-provides-additional-grace-periods/

 

You may want to read this too. All the best.

 

http://forum.murthy.com/index.php?/topic/95491-laid-off-h1b-denial-while-other-h1b-is-pending/

 

That is proposed. It is not enacted yet, as far as I know.

As of this time, there is no grace period.

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Thanks adshah84 and JoeF. Currently my new H1B is in transfer while my old H1B is revoked, am i good now until the USCIS takes up my case and approve based on  consular processing.

 

H1 revocation is completely irrelevant. It is an administrative thing that has nothing to do with you.

You are out of status from the day of layoff, H1 revocation or not.

So, forget H1 revocation. It is meaningless for you. Day of layoff is what matters, nothing else.

And you are not "good." You are out of status, i.e., illegal.

Having a pending transfer doesn't change that.

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H1 revocation is completely irrelevant. It is an administrative thing that has nothing to do with you.

You are out of status from the day of layoff, H1 revocation or not.

So, forget H1 revocation. It is meaningless for you. Day of layoff is what matters, nothing else.

And you are not "good." You are out of status, i.e., illegal.

Having a pending transfer doesn't change that.

I got the point JoeF. What i would like to know is since my new H1b is in transfer, can i work until USCIS takes up my new H1B case. Thanks! 

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Out of status does NOT mean illegal stay, JoeF. I quote lines from Murthy Bulletin published on June 3, 2013:

 

"No Automatic Unlawful Presence After Violation of Status

A foreign national with a facially valid I-94 card, who commits a status violation, does not automatically begin to accrue unlawful presence. Rather, s/he is considered to be out of status, but still in a period of authorized stay, unless and until a formal finding is made by the DHS or an immigration judge. This does not mean that such a person can or should remain in the United States. Despite the misleading phrase "period of authorized stay," a foreign national with this designation is not legally in the United States, and can be removed (i.e. deported) by the U.S. government. Being in a period of authorized stay simply means that one does not accrue unlawful presence, which, as explained below, relates to a number of additional immigration penalties."

 

Hope this helps you!

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Out of status does NOT mean illegal stay, JoeF. I quote lines from Murthy Bulletin published on June 3, 2013:

 

Of course it does.

What you quoted is about being out of status vs. unlawful presence. A different issue.

Both mean being illegal.

The article you quote says: "Despite the misleading phrase "period of authorized stay," a foreign national with this designation is not legally in the United States, and can be removed (i.e. deported) by the U.S. government. "

 

Please educate yourself about these things, and don't just read headlines, but the whole article. Thank you.

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I got the point JoeF. What i would like to know is since my new H1b is in transfer, can i work until USCIS takes up my new H1B case. Thanks! 

 

No, you can't. A person can only work with the receipt notice if the person was in valid H1 status when the H1 transfer was filed.

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There is nothing like "Grace period". If you are Out of status for more than 180 days then it's a punishable offense

Sigh.

That's wrong. There is a ban if a person overstate for 180 days or more. Being out of status is not an overstay. An overstay means staying past the I-94 date.

Both being out of status and overstay are of course mean that the person is illegal. And such person can not work while an H1 petition is pending.

The amount of bad advice I've been seeing in this thread is astonishing.

Please, people, educate yourself about these things.

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Of course it does.

What you quoted is about being out of status vs. unlawful presence. A different issue.

Both mean being illegal.

The article you quote says: "Despite the misleading phrase "period of authorized stay," a foreign national with this designation is not legally in the United States, and can be removed (i.e. deported) by the U.S. government. "

 

Please educate yourself about these things, and don't just read headlines, but the whole article. Thank you.

Guys, thank your for inputs. Please don't take things personal here. I am here to get some help from you guys and appreciate for your time for responding the same.

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I get two different answers from Joef and adshah84. I am confused here. I had spoke to immigration attorney and he told me i can work until USCIS get back to me.

 

Is that the same guy who gave you the wrong "60 day grace period" answer?

 

You are out of status, you can not work until you have an approved H1 petition with a new I-94. Without that, you will have to go abroad and get a new I94 upon entering.

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Guys, thank your for inputs. Please don't take things personal here. I am here to get some help from you guys and appreciate for your time for responding the same.

 

When people post wrong answers, I correct them.

It is not a good idea to rely on wrong answers.

You are out of status, which means you are illegal.

You can not work just with an H1 receipt notice.

That's all there is to it.

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