H1B Termination: New approval using previous I-140

[newuser21]

I lost my h1b job three weeks back. I am out of status since then, last week I received online notification that my h1b is revoked. I do not have any other way of acquiring change in status. My 6 years of h1b are ending in couple of months.

 

I am hopeful that I will get a new job this week. I have a question on that - 

Let's say my employer A revoked my h1b, and I have I-140 approved from them. 

 

Now if I accept a temporary job with a new employer B, I shall get a new 3 yr h1b. (many people I talked to said and confirmed this).

 

But then will I be able to change to another new employer C after few months? Will I get my h1b transferred to employer C, and have a new extension on the basis of I-140 from employer A? Or do I need my employer B to file labor and I-140 approved before I change to employer C? 

 

 

 

Thanks

 

 

 

[jairichi]

Sorry to hear about your job loss. You will not be able to apply for a H1B transfer now as you are out of status. You would have to exit the country and return with a new I797 and visa (if your H1B visa has expired). 

[omshiv]

Firstly..you need to double check if your employer didnt revoke your I-140. Assuming I-140 is still valid and approved, you can get extension based on that from Employer B. You can also extend H1 from Employer C.

 

But at this point of time unfortunately you are Out of Status. What is your I-94 expiry date? Make sure you are not accuring illegal presense.

[newuser21]

Firstly..you need to double check if your employer didnt revoke your I-140. Assuming I-140 is still valid and approved, you can get extension based on that from Employer B. You can also extend H1 from Employer C.

 

But at this point of time unfortunately you are Out of Status. What is your I-94 expiry date? Make sure you are not accuring illegal presense.

 

Thanks for the help! 

 

My 6th yr is expiring on 10/2013. And my I-94 is valid till 10/2013, so I have few more months left on my last year. 

My h1b is certainly revoked, 10 days back.

My I-140 was approved more than 6 months back. I checked my I-140 status online, it is still showing as approved. 

My new job is almost fixed today, hopefully new h1b will be filed soon. Very hopeful that I will get 1 or 3 yr extension.

 

So on that basis after joining employer B I can change my job in future after few months to a new employer C, and I shall be able to get h1b transferred to C, right? 

 

Employer A is my past. As of today how much I should consider myself in a panic situation? I consider employer B as temporary job just to keep the status. Is it very critical that new h1b shall be filed as soon as possible, or can I wait for few more weeks (skipping employer B) for a job offer from a big company (employer C) where I will be more happy? 

[bedardi_visa]

Hi newuser21,

 

I think that I replied to your post few weeks back... Read my case updated.  That will give you some idea.

My suggestion is grab whatever opportunity comes first. 

 

Thanks,

 

Bedardi_visa

[newuser21]

Hi newuser21,

 

I think that I replied to your post few weeks back... Read my case updated.  That will give you some idea.

My suggestion is grab whatever opportunity comes first. 

 

Thanks,

 

Bedardi_visa

 

Congrats! You are back in shape after 2 and half months pain. 

 

 

"Bedardi_visa isn't?" Yes it is! :)

 

I think it was on you side the H1b wasn't revoked, so technically that means you were not out of status. 

 

For me, my h1b got revoked around 10 days back, right after my first post on the forum. And that's the trouble for me. I keep thinking how panic it is, though I have I-94 for couple of more months. 

At the same time I am getting calls for jobs from big companies, but the good jobs in the big companies take too long to process and hire. And I don't have time and patience for that.