H1B and I-140 approved but getting terminated due to lay-offs


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I am working on H1B for last 6 years (my recent H1 extension was approved through my approved 140 petition).

I have a valid H1B stamped till Dec 2019. My employer is terminating me due to company's cost cutting measures and I have been given a 2 week notice period.  

Per my company's Immigration analyst, I was told that my company will notify USCIS about my termination after my last working day at the company and follow the process of revoking my H1B petition/visa (which was recently approved).

 The Immigration Analyst also told me that I will have 60 days to find another job (in other words, I will have 60 days time within which I can find another employer who can file my H1B transfer).

My job search is not going as well as I hoped it be because of the short notice.

I have the following questions, can someone clarify ?

a) Does USCIS allow any gap or grace period for the H1B workers where prior employer has submitted the request to revoke H1B petition and the new employer is yet to request H1 transfer ?

b) What happens, if USCIS receives the H1 revoke request from the prior employer and acts on it (within 60 day period), can the new employer still submit a H1 transfer ?

c)How long does it take typically for USCIS to act upon employer's request to revoke an approved H1b petition/visa?

d) At what point would I technically be OUT -OF-STATUS as an Immigrant if I can't find a new employer to sponsor my H1 visa ?

e) What is the best course of action in my situation ?

Please assist by sharing your knowledge on this. 

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I was actually browsing with the same sort of questions 'coz a friend is going through the same. He's leaving his client on an EVC model. 

To answer your question from my own experience:

a) I think the grace period is 60 days, as you said. But, not sure if that holds against a revocation request

b) Yes, but against a revocation request, they'll ask for proof of legal stay. Or else, the new employer will file for a "new H1B" and you'll have to go consular processing stamping with a US consulate, preferably home country (this happened to me)

c) Revocation requests are immediately effective the day it is filed with USCIS. No wait time for USCIS to process it

d) The minute the revocation request is filed, you're out-of-status

e) Best course is obviously to find another job - you already know that. The immediate band-aid fix is to beg the employer not to file for revocation coz it can give you 60 days. Playing the devil's advocate, it's not too bad to remain out-of-status for a couple of weeks. I've heard of people who've stayed for upto 100 days and continued to a GC without problem. But then again, YMMV and it was before Trump. 

Best of luck..!

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Yes. You will be good for next 60 days. Its the responsibility of H1b employer to submit h1b revocation request to USCIS, otherwise they have to pay back employee salary. Even if your employer delays in informing USCIS, you wont be having a paystub to prove your status. 

Better search for a new job with in 60 days. if you cant find one, get a US skype number and go back to your home country and search and get new job that files for your new h1b.

Or if you are married and your spouse is on work visa, then convert to depended visa and maintain status and search for a new job.


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