Lay off - H1 Revoked

[apanyaram]

Hi

 

I was laid off on October 22^nd. The company has given lay off severance package too. I checked on USCIS website and found that they have revoked my H1 on Nov 13^th, and I will be receiving a letter from USCIS within 14 days. I have started my H1 transfer process today. We have applied for LCA today.

Note: With my previous employer, I have visa approved until Sept 2014 and also have I 94

My question is

1. Will it a problem for the current H1 transfer process, since the previous has been revoked?
2. Should I go out of the country and come back?
3. Is there anything that I should do in order to be in status?

 

Thanks

APanyaram.

[jairichi]

Hi

 

I was laid off on October 22^nd. The company has given lay off severance package too. I checked on USCIS website and found that they have revoked my H1 on Nov 13^th, and I will be receiving a letter from USCIS within 14 days. I have started my H1 transfer process today. We have applied for LCA today.

Note: With my previous employer, I have visa approved until Sept 2014 and also have I 94

My question is

1. Will it a problem for the current H1 transfer process, since the previous has been revoked?
2. Should I go out of the country and come back?
3. Is there anything that I should do in order to be in status?

 

Thanks

APanyaram.

You were out of status from Oct 22nd till you receive a receipt notice from USCIS on your H1B petition.

1. No

2. if you do not get a I94 with new I797 approval you need to exit and enter US.

[winsouza]

Based on my recent experience of getting Laid off but without the part of having another job apply for the standby. I would suggest, have a Lawyer look in your case and request for adjustment of status to B2/ H4 right away. In that way you will be able to maintain current status while your LCA comes through and then your H1B gets approved. Then, when applying for H1B with or without premium processing, request for the B2 application (If you decide to go this route) to be revoked.

 

I am sure the experienced and knowledgeable forum members would be you be able to advise better.

 

All the Best!

[pratikny1287]

First of all, Whether your earlier employer has already revoked h1b petition  or not  doesn't affect your future h1 B application in a any manner. your new petition will be considered as a fresh case .so don't need to worry about h1b revocation process. 

 

 

 Second you can always file  COS for B2 in that way at least you can stay in legal status. Also now wen you apply for new h1 i advice you to apply for Consular Processing in which you will not receive i 797 B but only i 797 A & you have to go out of US for I 94. i am assuming that you already have valid Visa stamp in your passport & if my assumption stay true tan in tat case you can go to canada or mexico for new I 94 which will be a smooth process . 

 

 

this is just my advice on basis of my past experience. please contact attorney for better explanation. 

 

Thanks

[madhu418]

hello pratik,

i am in a similar situation and my new employer filed for H1b in CP. as you mentioned in your post you went to mexico/canada and then re-entered into the country to get a new I94.

 

My questioan is with POE questions. I have seen from some memebers of this forum that the CBP officials ask for proof of employement if the stamping and the I797 forms dont match. Were you asked such a question before and how did you answer it.

 

Also, currently, getting a visa to Canada is taking 4 weeks, so i was planning on vising Jamica as it doesnt require a visa for India nationals. the POE imigration will occur at your first airport after you enter into US from Jamica. No one mentioned about concerns or questions asked at POE, do you have any idea or info about the questions asked at such airports when you enter from Jamica.

 

I was laid off on 08/12 got a job offer on 08/26 but the back ground, LCA and every got delayed and only applied for H1B tansfer on 09/12 and I started working based on recipet starting 09/16. currently a new full time employer filed my H1B transfer petiiton on CP based on current recipet notice and h1B approval. So i will have to exit and enter US I am not sure what will be asked at POE.

[apanyaram]

You were out of status from Oct 22nd till you receive a receipt notice from USCIS on your H1B petition.

1. No

2. if you do not get a I94 with new I797 approval you need to exit and enter US.

Can I start working once I get the receipt or should I wait for the approval?

[jairichi]

Can I start working once I get the receipt or should I wait for the approval?

I am not sure as you are out of status. Talk to an attorney.