H1B Revocation + Transfer


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Hi,

I have been told that you have 30 - 60 days to transfer your H1 once you resign/ lose a job. It's been 45 days and I have 15 more days to get it transferred.

 

Would it be advisable to transfer this to a B1/2 (visitor) visa in order to buy more time?

 

What would be possible effects, consequences or hurdles in doing this?

 

Please advise.

 

Regards,

Joe

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I have been told that you have 30 - 60 days to transfer your H1 once you resign/ lose a job. It's been 45 days and I have 15 more days to get it transferred.

No that's wrong. Once laid off on H1, you are out of status. Their is no grace period, and currently you are out of status.

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Thanks Rahul.

I do have a verbal offer from a new employer, but it might take another week to put in my H1 Transfer papers. Can you please advise on the best possible and safest alternative?

Should I do a B2, then an H1B transfer - or -

Should I just wait till my new employer files in my H1 Transfer papers?

 

-Thanks again.

You should have filed COS to B2 on that day itself. Currently you are out of status, once you new employer files your H1 you will receive RFE's at that time.

Better consult some attorney.

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You should have filed COS to B2 on that day itself. Currently you are out of status, once you new employer files your H1 you will receive RFE's at that time.

Better consult some attorney.

Thanks Rahul.

 

Too late for any COS. Wait for approval of the petition and come back with the H1 visa .

Thank you. If my new employer exceeds 60 days, should I stay in the country or leave until H1 is approved?

Also, can I start working for the new employer as soon as the transfer papers are filed?

 

Appreciate your inputs.

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