ArunJAD Posted April 22, 2013 Report Share Posted April 22, 2013 My employer is telling that he'll be revoking my H1B petition this month. I have lot of questions..plz clear my doubts/ How long does the revoke process take ? 1)Do I have any grace period to stay in the country after H1B visa revoke ? 2)If there are no other options left when should I be leaving the country. What would be my options now except leaving the country ? 3)How would I get to know officially that my petition has been revoked completely ? 5)Lets say I go to India after H1 B (1.5 yr left to complete 6 yrs) is revoked and come back to USA after 6/7 months on new visa H4. Can I apply for H1 B visa with any employer immediately (without the cap rule) or do I have to wait until next year ? 6)Can the company show inhouse project or a client letter is needed for H1 B approval. 7)If your priority date becomes current and you are outside the country and your spouse is within the country. How will you go with filing I-485 or Counsular processing 8)If I go to India after H1 B is revoked and I am coming back on new H1 B visa sponsored then what is the H1 B visa period that USCIS would approve and what is the scope of H1 B after Sept 30th 2014 with the new employer or any other employer ( with and without I-140 revoked) 9)If you are on valid H1 B (and outside USA) can you work in other countries ? Link to comment
rahul412 Posted April 22, 2013 Report Share Posted April 22, 2013 How long does the revoke process take ? 1)Do I have any grace period to stay in the country after H1B visa revoke ? 2)If there are no other options left when should I be leaving the country. What would be my options now except leaving the country ? 3)How would I get to know officially that my petition has been revoked completely ? 5)Lets say I go to India after H1 B (1.5 yr left to complete 6 yrs) is revoked and come back to USA after 6/7 months on new visa H4. Can I apply for H1 B visa with any employer immediately (without the cap rule) or do I have to wait until next year ? 6)Can the company show inhouse project or a client letter is needed for H1 B approval. 7)If your priority date becomes current and you are outside the country and your spouse is within the country. How will you go with filing I-485 or Counsular processing 8)If I go to India after H1 B is revoked and I am coming back on new H1 B visa sponsored then what is the H1 B visa period that USCIS would approve and what is the scope of H1 B after Sept 30th 2014 with the new employer or any other employer ( with and without I-140 revoked) 9)If you are on valid H1 B (and outside USA) can you work in other countries ? Once your H1 is revoked the you are no longer on H1 and this comes into effect immediately. 1.No 2.If possible try H4. 3.like I said , immediately though official notice takes some time 5.You are cap exempt 6.You need to have a REAL project for approval. Not a fake one 8.remaining period 9.If you are out of US then H1 is invalid. H1 is your US legal status not a global status. Link to comment
JoeF Posted April 22, 2013 Report Share Posted April 22, 2013 There is no grace period. You are out of status from the date you are laid off, even if the H1 isn't revoked. If you are laid off, the employer by law has to pay for your flight back to your home country (not for dependents, though) if you wish to go back to your home country. Link to comment
metroguy Posted April 22, 2013 Report Share Posted April 22, 2013 Arun, you immediate step is to find a project and/or company that is willing to transfer your H1B. You have to do this with in a week or two. Then you will be good to go..All the best Link to comment
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