H1B Layoff

[priya malar]

Hi,

My husband got laid off last week from his job and his employer said 'they will run 2 months payroll from his laid off date. Also they will revoke his H1B on end of two months. After that he has to leave the country within two months.'.

My questions,

1. When his H1B status will be revoked?

2. Can he transfer his H1B to an employer after his previous employer submits the revoke application to USCIS?

3. How long generally USCIS take to revoke a H1B petition?

Please advice me on this.

[rohang]

1) once employer sends request to USCIS and stops his payroll.

2) he can, even before those 2 months. but it will depend if he has current approved petition? if not, then this will not work.

3) it doesnt matter when USCIS revokes it. Once you are out of payroll and your employer sends revoke request, you are OOS.

[priya malar]

Thank you.

[priya malar]

Hi one more question on this,

Can he find his job and transfer to another employer when he is in Out of status (OOO) in below condition,

1. after his Employer submits revoke petition to USCIS or

2.  after USCIS revokes his H1B?