Can a employer revoke H1B before the employee's Last working date?


youngchap

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Hi,

 

1.Is it possible for a employer to revoke the H1B petition of a employee before the employee's last working date with the company while the employee is in USA?

2.If that is the case as this is not the fault with the employee(as he is serving proper notice period and providing last working date) does the employer has to mandatorily provide flight tickets for the employee for  going to his home country and inform the employee that his H1B has been revoked and he has to vacate USA immediately? 

3.Can the employee fight for this situation stating that he will leave the company only after the last working day and he will stay in USA till Last working day ?Is there any Law which states the employer should not revoke H1B petition of a employee till his Last working day with the company?

 

 

 

 

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Hi,

 

1.Is it possible for a employer to revoke the H1B petition of a employee before the employee's last working date with the company while the employee is in USA?

2.If that is the case as this is not the fault with the employee(as he is serving proper notice period and providing last working date) does the employer has to mandatorily provide flight tickets for the employee for  going to his home country and inform the employee that his H1B has been revoked and he has to vacate USA immediately? 

3.Can the employee fight for this situation stating that he will leave the company only after the last working day and he will stay in USA till Last working day ?Is there any Law which states the employer should not revoke H1B petition of a employee till his Last working day with the company?

1. Yes, in that case they need to provide you a one way air ticket back to your home country.

2. Yes.

3. I doubt that.

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1. It is possible for a H1 employer to lay a H1 employee off and then follow the administrative protocol for revocation.

2. The employer is supposed to provide reasonable airfare to the home country for the employee.

3. No. Unfortunately an "employee" cannot " unfire" himself back.

 

 

4. Your post does not make total sense. Once fired the employer will send a letter of revocation of the H1 and he has to revoke the petition by Law. Once fired you are out of the picture. The revocation is an administrative process and is not related to you any further.

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Hi,

 

1.Is it possible for a employer to revoke the H1B petition of a employee before the employee's last working date with the company while the employee is in USA?

2.If that is the case as this is not the fault with the employee(as he is serving proper notice period and providing last working date) does the employer has to mandatorily provide flight tickets for the employee for  going to his home country and inform the employee that his H1B has been revoked and he has to vacate USA immediately? 

3.Can the employee fight for this situation stating that he will leave the company only after the last working day and he will stay in USA till Last working day ?Is there any Law which states the employer should not revoke H1B petition of a employee till his Last working day with the company?

1. Yes, employer can. Your H1 is your employer's property so her can do whatever he wants to do.

2. Yes, employer has to provide flight tickets.

3. No you cannot. Your employment last day will be decided by your employer, not by an employee(you).

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