Question regarding lay-off / Status ?

[rajgupta67]

Please advise on following :- 

Last year my I-140 was approved and I am currently on 7th year of H1b extension. Our client laid off work force and my employer ”X” said they will revoke my h1b. They asked me switch/COS from H1B to H4. Recently I saw my status on UCICS website “the previous decision made on your case was revoked and we mailed you a notice explaining the decision”. I have already applied for COS to H4. 

My questions are :- 

1. Since its only been 2 weeks, can H1-b be revoked by UCICS in just couple of week? 

 

2. Considering my h1b ( i.e., I-797 / I-129 ) is revoked, can I do COS from H4 to H1 in near future with a new employer ? 

 

3. My employer is saying that as soon as they find a project for me they will reinstate my h1b again. Will it be possible for my current employer ”X” to reinstate my H1b again in future? 

 

4. What is the best way now to go back on H1b/employment without harming my GC status? 

 

5. My employer ”X” had exploited me now and then. Will it be appropriate to report this to DOL (WH-4) at this time? By exploitation I mean – pay , health insurance, threats etc. 

I will appreciate your feedback. 

Thanks, 

raj

[Belle]

1. I don't see why not.

2. Sure.

3. Yes, but you don't have to file for COS. COS from H4 is your decision.

4. Since it has no impact on your green card case, it does not matter how you do it as long as you don't have gaps in status of over 180 days.

5. Talk to a lawyer. It would also be a good time to look for a better job.

[omshiv]

1) Yes. H1B is revoked immediately.

 

2) Yes, its possible.

 

3) Basically your employer meant that he has to file for new H1B.

 

4) Find a new employer and confirm your old employer didnt revoke your I-140 

 

5) Yes go ahead and do that..but remember your GC might get affected in this.

[murthybabu]

I thought the revocation process takes forever. 2 weeks is certainly fast. When my friend was terminated, his employer gave him a letter about h1b revocation but the status of his h1b on USCIS kept showing 'approved' even after 1 year of termination and he found a h1 sponsor in 2 weeks of termination.

[JoeF]

The H1 revocation does not matter at all for you. A company is required BY LAW to inform USCIS if they lay off a person on H1.

Regardless of H1 revocation, you are out of status from the day of layoff. IN OTHER WORDS, you are out of status EVEN IF the H1 has not yet been revoked. That's why H1 revocation is completely and utterly irrelevant for you.

Your ONLY concern is about being out of status, not the H1 revocation. Please understand that. Forget about H1 revocation. It is irrelevant.

 

You should have filed a COS to H4 IMMEDIATELY after layoff. Why did you wait???

[t75]

You need a better employer.  Workforce realignments are typical business practices. Your employer should be able to keep staff following one after all he is providing "temps".