Fired from Job, how long do I have

[govi1234]

Hi all,

I have been working with ***** for one of its major clients in California for about a year. I had 2 more years of H1B valid visa. But I got terminated last week. This week I found another employer who is willing to pertition for my H1 transfer.

I am not sure how soon will ***** revoke my current H1B. Assuming they do so immediately, how long do I have to get my new H1B petition sent?

Many thanks,

Govi

[Attorney_10]

Generally, an H1B employee ceases to maintain valid H1B status when the employment ends. The law does not provide any grace period to file a change of status or change of employer petition. However, in limited circumstances USCIS may still approve a late filed application/petition if the facts warrant a favorable exercise of discretion. Alternatively, a new H1B petition (non-cap subject) could be filed for consular processing. The H1B Beneficiary would be required to depart the U.S. and re-enter with the new H1B approval and a valid visa. Please schedule a consultation to discuss the specific facts of your case and to determine which option is most appropriate in your case.

[govi1234]

Many thanks for the response.