H1B Revoke - Maintain of Status

[shaz19]

Hello,

My employer informed me that he would be revoking my H1. I have been unemployed from past 3 months and he hasn't been running payroll from Dec 2020.

What are my next steps after he revokes my H1? Would I have any grace period to find another employer and would it be an easy process for H1 Transfer? 

Please advise me on this.

Thanks.

[Zodiac System]

You get 60 days after loosing your job to find another job/employer or change to H4 or B2 status.  You have already crossed those 60 days.  Your employer is not running payroll.  Please find a good attorney immediately.

[gopalakrishnach]

New H1B petition within 60 days from last your working day or I94 expiry which ever comes first

[JoeF]

Hmm, there are some inconsistencies here:

If you have been unemployed for 3 months you wouldn't have an employer for the 3 months. Do you mean you were on bench by your employer because you don't have a client? In that case your employer is required to pay you for that time. If he didnt then file a complaint with DOL on form WH4. An next time stay away from shady consulting companies.
You absolutely have to get paid by your employer until the employer laid you off and inform USCIS that you no longer work there. You are out of status if you don't get paid, unless you file a complaint on WH4.

You also should discuss your situation with a good immigration lawyer ASAP.

 

Edited March 26, 2021 by JoeF

[shaz19]

On 3/25/2021 at 11:57 PM, JoeF said:

Hmm, there are some inconsistencies here:

If you have been unemployed for 3 months you wouldn't have an employer for the 3 months. Do you mean you were on bench by your employer because you don't have a client? In that case your employer is required to pay you for that time. If he didnt then file a complaint with DOL on form WH4. An next time stay away from shady consulting companies.
You absolutely have to get paid by your employer until the employer laid you off and inform USCIS that you no longer work there. You are out of status if you don't get paid, unless you file a complaint on WH4.

You also should discuss your situation with a good immigration lawyer ASAP.

 

Thanks for the response.

 

I was on bench during this period. Would I be able to transfer to another employer now?

[JoeF]

On 3/29/2021 at 8:29 AM, shaz19 said:

Thanks for the response.

 

I was on bench during this period. Would I be able to transfer to another employer now?

Did you get paid? If not you are out of status since you have to get paid all the time on H1.

If your employer didn't pay you file a complaint with DOL on form WH4.