H1B approved and then laid off

[sptl2305]

Hi all, 

 

My H1B petition got approved this May and It was going to kick in October 1st. But I got laid off before that. My last day is 25th september. My employer is going to revoke my H1B on the 25th. I have a few questions that I would like to ask: 

 

1. If my H1B is revoked, how long does it take USCIS to process it? 

 

2. If I find a job in the next few weeks, is it still possible for them to file an H1B transfer/ H1B petition for me? 

    If yes, then USCIS will have 2 pending petitions, one for revoke and one for new H1b. Is this possible and     what are my chances of new H1b being approved? 

 

3. If I by April of next year, i find a new employer who is ready to sponsor my H1B, will I have go throught the     lottery process again? 

 

I inputs are greatly appreciated. 

 

Thank you. 

[jairichi]

Hi all, 

 

My H1B petition got approved this May and It was going to kick in October 1st. But I got laid off before that. My last day is 25th september. My employer is going to revoke my H1B on the 25th. I have a few questions that I would like to ask: 

 

1. If my H1B is revoked, how long does it take USCIS to process it? 

 

2. If I find a job in the next few weeks, is it still possible for them to file an H1B transfer/ H1B petition for me? 

    If yes, then USCIS will have 2 pending petitions, one for revoke and one for new H1b. Is this possible and     what are my chances of new H1b being approved? 

 

3. If I by April of next year, i find a new employer who is ready to sponsor my H1B, will I have go throught the     lottery process again? 

 

I inputs are greatly appreciated. 

 

Thank you. 

(1) It does not matter or affect you.

(2) Revoking of a H1B petition will have no effect on future H1B petitions. If your new employer files a cap exempt H1B petition for you and on approval you can begin working for new employer immediately.

(3) You are cap exempt and no more you have to go through lottery for 6 years on H1B.

[omshiv]

1) Same day.

 

2) Yes New employer can file for your H1B.

 

3) You are cap exempt. that means you dont have to wait for the quota.

[rahul412]

1. If my H1B is revoked, how long does it take USCIS to process it? 

 

2. If I find a job in the next few weeks, is it still possible for them to file an H1B transfer/ H1B petition for me? 

    If yes, then USCIS will have 2 pending petitions, one for revoke and one for new H1b. Is this possible and     what are my chances of new H1b being approved? 

 

3. If I by April of next year, i find a new employer who is ready to sponsor my H1B, will I have go throught the     lottery process again? 

 

I inputs are greatly appreciated. 

 

Thank you. 

1. It doesn't matter. All it matters is you are no longer on H1 from the day you lost job

2.Yes, its possible. Forget about the revocation that' not your problem, concentrate on H1 approval

3. No need to wait till Apr. Once your initial H1 is approved, you are cap exempt.

 

What is your current status??

[sptl2305]

Thank you all for the replies.

 

From tomorrow, I plan to go back on my OPT STEM extension which ends on till november 13th. by that time, I plan to register in a program and go back to F1 Status.

 

Will I still be eligible for the cap exempt H1B filing?

 

Thanks

[jairichi]

Thank you all for the replies.

 

From tomorrow, I plan to go back on my OPT STEM extension which ends on till november 13th. by that time, I plan to register in a program and go back to F1 Status.

 

Will I still be eligible for the cap exempt H1B filing?

 

Thanks

Yes, you will be cap exempt

[omshiv]

Instead just go on B1/B2.

[sptl2305]

B1/B2? I am sorry but I am not aware of that B1/B2 status is also an option. My school advisor suggested enrolling in another school to maintain my status here. 

[rahul412]

Thank you all for the replies.

 

From tomorrow, I plan to go back on my OPT STEM extension which ends on till november 13th. by that time, I plan to register in a program and go back to F1 Status.

 

Will I still be eligible for the cap exempt H1B filing?

 

Thanks

Dude, if you want to go to school then go back to F1. But simply don't register for some courses just to stay in US, that will put you in trouble.

[sptl2305]

I already was considering going back to school extension for a certificate before this happened. I am applying in the same school that I graduated from for a certificate program that will be an addendum to my degree.

 

Also, like people mentioned above that I will be considered cap exempt. Does that mean I wont have to wait till april 1st of next year to apply for an H1B? Meaning if a company is ready to sponsor my visa next month, then I could just roll over to the H1B status?

[jairichi]

I already was considering going back to school extension for a certificate before this happened. I am applying in the same school that I graduated from for a certificate program that will be an addendum to my degree.

 

Also, like people mentioned above that I will be considered cap exempt. Does that mean I wont have to wait till april 1st of next year to apply for an H1B? Meaning if a company is ready to sponsor my visa next month, then I could just roll over to the H1B status?

An employer should file a cap exempt H1B petition and on approval you can start to work immediately. Regular processing this would take 2.5 months (approx.)

[rahul412]

Also, like people mentioned above that I will be considered cap exempt. Does that mean I wont have to wait till april 1st of next year to apply for an H1B? Meaning if a company is ready to sponsor my visa next month, then I could just roll over to the H1B status?

Yes.

[omshiv]

Seems like a shady school advisor...no one would advice like that - enroll in a school to stay legally.

[karan789]

I am also in the same situation. and i thought that my status would automatically be converted to F1 (STEM Extension) after revocation of H1B.Do i have to take some additional steps like enrolling in a course inorder to get back in the F1 status?

[jairichi]

I am also in the same situation. and i thought that my status would automatically be converted to F1 (STEM Extension) after revocation of H1B.Do i have to take some additional steps like enrolling in a course inorder to get back in the F1 status?

It will not automatically go back to F1. Check for update to SEVIS and I20. Talk to your DSO asap.