murthyuser10 Posted November 27, 2012 Report Share Posted November 27, 2012 Hi I am currently in US with H1B Petition and H1B Visa stamp, my employer recently sent a mail saying he is going to withdraw the petition since they are not able to find jobs for me, I have my kids H4 on my H1B with valid visa for them, I am in the process of getting a new employer for my H1B my questions 1) will I be immediately go out of status after employer sents email 2) will I get a letter from USCIS saying that my H1B is withdrawn and do I have to find a employer within 30 days of that letter 3) will I kids also go out of status after my H1B petition is withdrawn 4) how soon I should find a new employer or go under H4 of my spouse's H1B 5) Do I have to apply for changing the H4 of my kids also to go under my spouse's H1B 6) can I go under H4 and then can I find a employer for H1B transfer? will it come under 2013 quota or will I retain my H1B since I haven't finished my 6 years on H1B, Please advise me on my situation, your help will be greatly appreciated Thank you Murthy user 10 Link to comment
JoeF Posted November 28, 2012 Report Share Posted November 28, 2012 Has your employer paid you?O n H1, you need to get paid all the time, even on bench without a project. Essentially, the employer's letter means that you are fired, and yes, you are out of status now. Link to comment
murthyuser10 Posted November 28, 2012 Author Report Share Posted November 28, 2012 Yes employer paid me till 11/23/2012 week, which is after they sent the mail for withdrawal, but can you please let me know if I file for a H1B transfer within a week or two, am I safe on the status? Link to comment
cooldude76 Posted November 28, 2012 Report Share Posted November 28, 2012 Its better for you and your kids to move to H4 status based on your spouse's H1-B. Sorry but you are immediately out of status once you are fired. Once you find a new employer they can file for your H1, no need for 2013 quota. All the very best in future. Link to comment
rahul412 Posted November 28, 2012 Report Share Posted November 28, 2012 Yes employer paid me till 11/23/2012 week, which is after they sent the mail for withdrawal, but can you please let me know if I file for a H1B transfer within a week or two, am I safe on the status? From 24th onwards you are out of status.Better leave the country and come back on H4. Link to comment
metroguy Posted December 4, 2012 Report Share Posted December 4, 2012 Dont worry. initiate H1b to H4 COS based on your spouse. If you find another employer then you can convert back from H4 to H1 Link to comment
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