H1 B revoked as per USCIS status.

[chikz]

My H1 are revoked as per USCIS status as of July 18. My employer had sent application as I don't have project.

Besides- I had done my stamping for the H1 which got revoked valid till SEptember 30, 2014.

 

I have questions and would appreciate genuine responses:

 

1) When would clock start for 180 days? June 16th when employer sent revocation application     or when USCIS made its decision of revocation July 18.

 

2) I am out of status as of now- would me filing for F1 status or B2 status help? would it get approved?

 

3) what are other options?

 

Thank you

 

 

 

 

 

 

[jairichi]

1. Do not think about unlawful presence in US.

2. You are out of status from the last day of work. You cannot apply COS now.

3. Exit US immediately and enter US after approval of new employer's cap exempt H1B petition.

[JoeF]

You are out of status now.

Since the employer laid you off, he by law has to pay for your flight back to your home country if you wish to return.

Changing to F1 is not an option. It takes several months to get an F1 at a real university. And signing up with a fake university would just kill your career in the US.

[chikz]

You are out of status now.

Since the employer laid you off, he by law has to pay for your flight back to your home country if you wish to return.

Changing to F1 is not an option. It takes several months to get an F1 at a real university. And signing up with a fake university would just kill your career in the US.

They revoked because my employer was not able to find project for me. In this case should I ask for flight return and how? Is  I found other employer who have asked me leave USA and they would file my H1? But I am worried that if my approval doesn't come by Septmeber 2014 I have to go again for stamping( i have valid stamp till september 2014) and I might not be able to come back. In this case would it be wise to get canada visa or I won't get that visa. 

[JoeF]

They revoked because my employer was not able to find project for me. In this case should I ask for flight return and how? Is  I found other employer who have asked me leave USA and they would file my H1? But I am worried that if my approval doesn't come by Septmeber 2014 I have to go again for stamping( i have valid stamp till september 2014) and I might not be able to come back. In this case would it be wise to get canada visa or I won't get that visa. 

 

An H1 is only revoked if the person is no longer working for the employer. So, they have laid you off.

An employer is required by law to pay for the return transportation of a laid-off H1 worker, should the worker desire to go back to his home country.

If you want to do that, just ask the employer to pay for your ticket. If the employer doesn't want to pay for it, file a complaint with DOL on form WH4.

If you want to stay and try to find a new job, you should immediately file a COS to B2. That gives you some time. If you don't do that, a new H1 would likely not come as COS, because you are out of status, so you would have to go abroad.

[jairichi]

They revoked because my employer was not able to find project for me. In this case should I ask for flight return and how? Is  I found other employer who have asked me leave USA and they would file my H1? But I am worried that if my approval doesn't come by Septmeber 2014 I have to go again for stamping( i have valid stamp till september 2014) and I might not be able to come back. In this case would it be wise to get canada visa or I won't get that visa. 

Yes, according to immigration law if you are laid off  then employer has to pay your return flight back to home country. Ask employer directly. Why are you scared about stamping? If you have all required documents you will get your H1B visa. Alternatively exit US and ask employer to file your H1B petition in PP and you will get a decision within 15 calendar days.