H1-B revocation, i-94 active

[Zil]

My H1-B got revoked in January 2017 accidentally without any prior notice from my employer. My employer didn't terminate me, didn't inform me about revocation, kept me employed and processed my payroll until March, 2017. They had made another application requesting the USCIS to not proceed with the revocation but unfortunately, it got denied. Now they told me I am out of status and they have to terminate my employment. They have filed for a new LCA and are going to make a new H1-B petition. My i-94 is valid until 2019 but Visa is revoked. I was also looking for a new job and the new employers have applied for my H1-B as well. So,

1. if the new H1-B gets approved, can I start working for them immediately? 

2. Does my previous status affect USCIS's decision for approval this time?

3. If my old employers LCA gets approved and they file my petition, can I work for them even if my case is pending with the USCIS?

4. Am I legally allowed to stay in the U.S since the other petition is still in process and my i-94 is active?

[rohang]

1) you dont have to wait for H1b to get approved to work for new employer, you can work on receipt to avoid incurring OOS time.

2) yes it will.

3) yes, you can.

4) no, just I94 is not enough. you are out of status since your revoke application was approved by USCIS. since then you have 60 days grace period to find employer and get yourself on thr payroll. 

[Ask@Murthy]

23 minutes ago, rohang said:

1) you dont have to wait for H1b to get approved to work for new employer, you can work on receipt to avoid incurring OOS time.

2) yes it will.

3) yes, you can.

4) no, just I94 is not enough. you are out of status since your revoke application was approved by USCIS. since then you have 60 days grace period to find employer and get yourself on thr payroll. 

I am in a similar situation.

Does this grace period applicable to someone for the below situation?

Consider a candidate doing H1 transfer from employer A to employer B under regular processing and started working for employer B on receipt notice. His current petition with employer A expires on 10/15. If h1 transfer to B is denied after 10/15, what will be his status? Can he use this 60 days grace period to go back to his employer A or any other employer provided he has an approved I140?

After 10/15, he won’t have any approved petition, will he still be able to find an employer and file a petition in 60 days grace period?

 

[rohang]

if I140 was approved for more than 180 days, then any new employer can use it for future extensions. "10/15" doesnt matter.

[Ask@Murthy]

16 hours ago, rohang said:

if I140 was approved for more than 180 days, then any new employer can use it for future extensions. "10/15" doesnt matter.

Is extension possible even without any valid petition?

[inquest]

On 4/11/2017 at 11:06 PM, Zil said:

My H1-B got revoked in January 2017 accidentally without any prior notice from my employer. My employer didn't terminate me, didn't inform me about revocation, kept me employed and processed my payroll until March, 2017. They had made another application requesting the USCIS to not proceed with the revocation but unfortunately, it got denied. Now they told me I am out of status and they have to terminate my employment. They have filed for a new LCA and are going to make a new H1-B petition. My i-94 is valid until 2019 but Visa is revoked. I was also looking for a new job and the new employers have applied for my H1-B as well. So,

1. if the new H1-B gets approved, can I start working for them immediately? 

2. Does my previous status affect USCIS's decision for approval this time?

3. If my old employers LCA gets approved and they file my petition, can I work for them even if my case is pending with the USCIS?

4. Am I legally allowed to stay in the U.S since the other petition is still in process and my i-94 is active?

When you say accidentally revoked? Did USCIS revoke it accidentally or your employer sent a request to revoke accidentally? I thought employer has to send a request to revoke a petition.

[aamodpethe@gmail.com]

Hi I'm in the same situation. I got terminated without notice on 3rd Feb. Employer withdrew petition on the 4th Feb itself and ws reflected on the USCIS website on Mar 1. Does the I-94 still remain valid or does it get revoked? How do we find out if it is valid?

[ajaysharma]

On 4/24/2017 at 7:05 PM, aamodpethe@gmail.com said:

Hi I'm in the same situation. I got terminated without notice on 3rd Feb. Employer withdrew petition on the 4th Feb itself and ws reflected on the USCIS website on Mar 1. Does the I-94 still remain valid or does it get revoked? How do we find out if it is valid?

I-94 doesn't get "revoked" but you were in the 60-day grace period since 4th Feb - i.e. you are now accruing out-of-status since 60 days have passed. The more you accrue this, the worse your future chances of approval are. When does your I-94 expire? You really should avoid staying past the I-94 date.

[saj197]

On 4/27/2017 at 7:41 AM, ajaysharma said:

I-94 doesn't get "revoked" but you were in the 60-day grace period since 4th Feb - i.e. you are now accruing out-of-status since 60 days have passed. The more you accrue this, the worse your future chances of approval are. When does your I-94 expire? You really should avoid staying past the I-94 date.

Situation: I was with  Employer-A till 5/30/18, My I94 is valid till Jun 2019.  Employer-A will be sending or already sent h1b petition revocation application. Employer-B is filing my H1B petition, but will take 2-3 weeks for filing.   I understand, I am in 60 days grace period starting 5/30/18, If Employer-B files h1b petition after Employer-A revoke H1B

Questions: 

1.  Is there any impact of this on Employer-B's case?

2. Will I get new I94 along with employer B's petition or I need leave country to get visa stamped for getting new I-94 (Assuming H1B transfer is approved)?

[DRCK]

I have a similar question. My current H1B petition is valid till Sept 2020 and so the I-94. I'm looking for a new employment with another Employer. But since currently premium processing is halted, I can not apply for it and have to get it done in regular processing. In this situation, If I start working for the new employer on pending petition and my current employer revokes my H1B petition since I no longer work for them, what would be the status of my current I-94. Does it immediately expire with revocation? Unfortunately, if my new petition with the new employer is denied ( since there is no more RFE ), then would I immediately become out of status and considered Illegal. BTW, I have my I-140 approved since 2012. Is there anything it could help me file for another H1B.

Thanks
Sarma

[Evamorse]

On 6/5/2018 at 3:16 PM, saj197 said:

Situation: I was with  Employer-A till 5/30/18, My I94 is valid till Jun 2019.  Employer-A will be sending or already sent h1b petition revocation application. Employer-B is filing my H1B petition, but will take 2-3 weeks for filing.   I understand, I am in 60 days grace period starting 5/30/18, If Employer-B files h1b petition after Employer-A revoke H1B

Questions: 

1.  Is there any impact of this on Employer-B's case?

2. Will I get new I94 along with employer B's petition or I need leave country to get visa stamped for getting new I-94 (Assuming H1B transfer is approved)?

Did u get answers to these questions? I am facing similar scenario. 

[JoeF]

On 9/13/2018 at 9:05 PM, DRCK said:

I have a similar question. My current H1B petition is valid till Sept 2020 and so the I-94. I'm looking for a new employment with another Employer. But since currently premium processing is halted, I can not apply for it and have to get it done in regular processing. In this situation, If I start working for the new employer on pending petition and my current employer revokes my H1B petition since I no longer work for them, what would be the status of my current I-94. Does it immediately expire with revocation? Unfortunately, if my new petition with the new employer is denied ( since there is no more RFE ), then would I immediately become out of status and considered Illegal. BTW, I have my I-140 approved since 2012. Is there anything it could help me file for another H1B.

Thanks
Sarma

The old employer iis required by law to inform USCIS that you no longer work there. That is an administrative thing and has no effect on you or your I-94.