Urgent: Change of Status H1 - H4

[srilureddy.g]

Hello,

 

I was on H1-B visa and was working for a consulting firm since October 2009. On March 01, 2013, I was out of project and my employer told me that they would revoke my H1 if I couldn't get a project with in 30 days. On March 29th, they had sent a notice of officially termination of my employment but did not revoke my H1 as yet. They said they will hold my H1 for another 15-20 days in anticipation of paperwork from client as I got a project approval in last week of March. Due to processing delays, my paperwork got delayed and my employer had said they will be filing intent of H1 revocation with USCIS as I couldn't get the paperwork done until end of April.

 

On May 24th, knowing the fact that my employer would file for revocation, I applied for change of status to H4 on husband's petition and it is in pending status. 

I also got to know from employer that the intent to revoke was filed on May 29th and is currently in pending status as well.

 

I am now in a situation where I'm unable to judge myself whether I will be out of status or I can still be in US waiting for approval of change of status application. Please advise. 

 

Thank you!!

[JoeF]

Did you get paid until you were laid off?

Revocation of the H1 is completely irrelevant. You are out of status since the day you got laid off.

It is unlikely that a COS would get approved.

Why in the world do people think revocation matters??? Where did you get that idea from???

The ONLY thing that matters is when you are laid off.