discover99 Posted January 11, 2012 Report Share Posted January 11, 2012 Hello, i am working for a company and filed for h1-b and got approved for 3 yrs. And some reasons i have quit my job from client. Now the employer is saying that my H1-b is revoked by him . and its been long time i am not having the job . ( 2 months). i am trying to get back to him with the apologizing that i quit it for the personal problems. what can i do now for my status to maintain? I'm trying to get the new employer , and my question is will the new employer able to apply for new h1 as my old employer is saying that my h1 b is revoked. will that be possible to new employer to apply for new H1-B ? Link to comment
Attorney_23 Posted January 11, 2012 Report Share Posted January 11, 2012 Ordinarilly, an H1B worker falls out of status as soon as he/she resigns. A new petitioner can certainly file a petition for this individual, but would generally either need to file a straight petition, meaning the foreign national would need to return to his/her country of origin before reentering in H1B status; or, the petitioner could file the case nunc pro tunc, requesting the status be retroactively granted. I recommend you contact an attorney as soon as possible. Link to comment
discover99 Posted January 12, 2012 Author Report Share Posted January 12, 2012 how to know whether my H1 is revoked or not ? can you please give me any suggestions. thanks. Link to comment
JoeF Posted January 12, 2012 Report Share Posted January 12, 2012 how to know whether my H1 is revoked or not ? The employer is required by law to inform USCIS that you are no longer working there on H1. So, you should assume that the H1 is revoked. Period. Link to comment
livliv Posted January 12, 2012 Report Share Posted January 12, 2012 You are out of status and no change or extension of status will be possible for you. You need to leave the US asap. Link to comment
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