H1 revocation time

[mauriceandmort]

Hi all,

 

My employer cam to know about my job search and now he is threatening to revoke my H1.

 

I was wondering how much time it takes for H1 revocation and how much time have to start my H1 transfer!

 

I tried visiting various forums but got contradicting answers such as:

1. H1 revocation happens in a day

2. H1 revocation can take upto 3 months

3. H1 revocation happens in a week but there is a grace period to find another job

 

Please let me know what is the correct timeline for H1 revocation?

[rahul412]

H1 revocation has nothing to do with your status. What all matters is whether you have a job or not?

 

Find another (good) employer ASAP and file for transfer immediately.

[JoeF]

H1 revocation has nothing at all to do with any time you have for a transfer.

You are out of status from the day you quit or get laid off.

Forget about H1 revocation. It is completely irrelevant for you.

The day of layoff matters. And there is ZERO grace period. File a COS, e.g., to B2, immediately.

[pontevecchio]

Once laid off you are considered out of status from that point. The employer has to pay your fare back home. The revocation per se is immaterial to you whenever that happens. It is also true that people working for major known companies have been able to transfer the H1 even after a few days out of status. Get a new H1 sponsor sooner rather than later and if necessary leave and return with the H1 visa.

[mauriceandmort]

Thanks for the reply. Really appreciate it.

 

My situation is - I have got a job and H1 transfer (premium processing) will start in another 3 weeks. LCA will be filed in a day or 2 and will be done by 3 weeks (max).

 

What are the possible choices for me in this scenario?

[pontevecchio]

Three possibilities

1. Denial

2. Approval with I94

3. Approval without I94 in which case you leave and return with a H1 visa.