221g, will lose job, transfer h1

[faizmh]

history

--------

DEC 2008 : applied h1 visa with Indian consulting giant.. got 221g at Chennai consulate (no documents asked to be submitted)

JUN 2009: admin processing completes and got visa stamped which expires on JUL2011.

OCT 2009 : Entered US

APR 2011 : Had come for vacation to india

MAY 2011 : Entered US back again.

July 2011 : H1B visa expires..

SEP 2011 : Joins FTE with US retail giant

DEC 2012 : Comes to India for vacation

JAN 2013 : Visa interview at Mumbai consualte. 221g again (no documents required to be submitted).

Mar 30 2013 : Posted in forum as its quite certain I will lose job now .. and no trace of admin processing completion

APR 2013 : -- some action needed ---

AUG 2014 : I797 expires

In US I continue to get job offers, but none are remote (which best suites me, since I am in India).

Lets say Apr 2013, I forsee strongly to lose my job.. what best can I do in this situation?

-- i am not sure if my h1 will be revoked

.. should I transfer my h1 immediately to Indian company here.

-- while there are no dates for admin processing completion, I am playing a loser's game.

any other thoughts that come to your mind please share.

[JoeF]

Why do people always make such a big deal about "if the H1 is revoked"???

If you are laid off, the employer BY LAW has to inform USCIS and the H1 will be revoked.

But it has no effect on you at all.

[rahul412]

In US I continue to get job offers, but none are remote (which best suites me, since I am in India).

Lets say Apr 2013, I forsee strongly to lose my job.. what best can I do in this situation?

Just find a new job with H1 sponsorship. Since you have H1 approved earlier, new employer can file your H1 which is cap exempt.

[faizmh]

thank you JoeF and rahul412

so .. let say once I am laid off, uscis revokes h1... after this I still have to wait for 221g to complete.. correct? .. so, i can still transfer before or after 221g decision?

[rahul412]

thank you JoeF and rahul412

so .. let say once I am laid off, uscis revokes h1... after this I still have to wait for 221g to complete.. correct? .. so, i can still transfer before or after 221g decision?

You can transfer at any time. Just make sure that your previous petition is not in pending.

[R1212]

I am in same boat too.

Rahul412 and JoeF, Please reply...

Does USCIS send any final notice to employer that they have already revoked the petition?

How do we know that the previous process (of H1 revocation) is now complete so we can file new H1 or take Interview date for H4 at Consulate?

Thank you... Please reply

-R1212

[faizmh]

June 2013 - Employment terminated

 

3rd AUG 2013 - Received below mail from <USCIS-CaseStatus@dhs.gov>

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case
Receipt Number: EAC1123750321
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Initial Review
On August 2, 2013, your address was changed relating to the I129, PETITION FOR A NONIMMIGRANT WORKER that you filed.  Please check our website at www.uscis.gov for further updates on your case.  Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

 

Any idea about the above message?

 

My first reaction was mumbai US consulate progressed on admin processing. But after checking the ceac site, my case# AA002QA8UL is still under admin processing.

But later, I realized this could be just a case status update of my employer initiating a revocation of my Work Permit.

 

 

Experts - Please advise :-)