H-1 B revoke


sachinfanforlife

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Posted

Hello Friends,

I have a few questions regarding my h1 B visa.

1. can my employer revoke my H1 B visa without my knowledge.

2. suppose if he can, then how and when would I come to know about it?

3. How long can I stay in the US after I officially come to know that my H1 B visa has been revoked.

Please let me know.

Thanks.

Sandy

Posted

1. can my employer revoke my H1 B visa without my knowledge.

2. suppose if he can, then how and when would I come to know about it?

3. How long can I stay in the US after I officially come to know that my H1 B visa has been revoked.

1.Yes, but I think he will let you know about this in most of the cases

3. Zero.

Posted

If the employer does not notify you of your termination, then you may have a DOL action against the employer based on the improper termination. If your employer does properly terminate you, part of the proper termination, by regulation, is to notify USCIS that you are no longer employed. Once USCIS has been notified, they will take action to revoke the petition.

There is no "grace period" allowing you to stay in the US when you're out of status, but there may be things you can do to avoid going out of status or to get back into status. My suggestion is to consult with a qualified immigration attorney to discuss your options.

Posted

If the employer does not notify you of your termination, then you may have a DOL action against the employer based on the improper termination. If your employer does properly terminate you, part of the proper termination, by regulation, is to notify USCIS that you are no longer employed. Once USCIS has been notified, they will take action to revoke the petition.

There is no "grace period" allowing you to stay in the US when you're out of status, but there may be things you can do to avoid going out of status or to get back into status. My suggestion is to consult with a qualified immigration attorney to discuss your options.

If the employer doesnt give a proper notice before revoking one's H1 B visa, and if there is no grace period allowing to stay in the US when one is out of status.. there is no way we can file a complaint against the employer right? Because I will be out of the country by that time and filing a complaint wont do any good to me. Please suggest.

Thanks.

Sandy.

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