H1b revoked and new H1b petition is on the way


sunny19831979

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My previous employer revoked my H1b 25 days ago and I got a new job. My new employer if filling my H1b in a few days.

 

I understand that I am out of status and if my H1b is approved it will come without i-94 that means that I need to go to India and get my H1b stamped. I have 2 questions and would appreciate if you could please answer them:

 

1) Do you know any cases in which USCIS might have issued a new H1b visa with an i-94 if previous H1b petition/status was revoked?

 

2) How likely is it that USCIS will approve (without a i094) or reject my H1b petition?

 

 

 

 

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My previous employer revoked my H1b 25 days ago and I got a new job. My new employer if filling my H1b in a few days.

 

I understand that I am out of status and if my H1b is approved it will come without i-94 that means that I need to go to India and get my H1b stamped. I have 2 questions and would appreciate if you could please answer them:

 

1) Do you know any cases in which USCIS might have issued a new H1b visa with an i-94 if previous H1b petition/status was revoked?

 

2) How likely is it that USCIS will approve (without a i094) or reject my H1b petition?

1. No.

2. Most likely without an I94. Chances of rejection no one can predict as it depends on documents submitted.

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  • 1 month later...

Hi  Sunny19831979,

 

I am also in same situation like you. I was laid off yesterday by my current employer and he sent revoke letter to USCIS on same day. I found new employer and he is ready to file  H1B transfer next week. Could you please share your H1B transfer experience? and did H1B transfer is success? This is my email id : *************@gmail.com

 

Thank you! Appreciate your response.

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Hi  Sunny19831979,

 

I am also in same situation like you. I was laid off yesterday by my current employer and he sent revoke letter to USCIS on same day. I found new employer and he is ready to file  H1B transfer next week. Could you please share your H1B transfer experience? and did H1B transfer is success? This is my email id : *************@gmail.com

 

Thank you! Appreciate your response.

You should be fine as long as new employer files by next week and get a H1B receipt notice. If approved with no I94 just exit and enter US with a valid H1B visa and new employer's I797.

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Hi  Sunny19831979,

 

I am also in same situation like you. I was laid off yesterday by my current employer and he sent revoke letter to USCIS on same day. I found new employer and he is ready to file  H1B transfer next week. Could you please share your H1B transfer experience? and did H1B transfer is success? This is my email id : *************@gmail.com

 

Thank you! Appreciate your response.

Since I had about 4 weeks gap between the time my previous h1b was revoked and new h1b was filed, my lawyer suggested that we file new h1b petition with consular processing (no i-94 which means that i have to leave usa and go for h1b stamping in india). I followed his advise and my passport is with embassy and would be stamped and ready in few days for pick up.

 

The visa officer did not even ask about my unauthorized 30 days stay after my h1b was revoked

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  • 3 months later...

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