H1B withdrawal


patmahi

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Posted

Hi All,

I have been working with my employer since last many years.  I did my last stamping and I have H1B stamped till 2021. Currently , I am residing outside USA due to family situation and my current client project has been ended last month. 

In this case,   Will employer need to withdraw my H1B petition even if I stay outside US  ? 

if not require, How long employer can hold H1B if candidate is not in US and staying outside US ?

Thanks,

 

 

 

 

 

Posted

Every employer HAS TO revoke the H1 of people who leave his employment and that is by law. Frankly, you are not involved in the matter.

Nothing called holding H1. Outside of the USA, you have no H1 or any US status. Subject to a total of 6 years, any future employer can file an H1 petition for you.

Posted

Your employer can withdraw your petition anytime. My project was supposed to go on until 2021 but it ended way before time because of client budget issues. As a result I was laid off and they also sent the withdrawal notice on the last day of my work with client.

But if you find another client with your employer,  they may just need to file for ammendment. Once that is approved, you can come back with new approval notice. Go for premium. also, Check directly with your employer on their plans, ideally they need to send notice to the uscis.

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