H1B Will Be Revoked But Have A Fulltime Offer


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Posted
I am in a Tricky situation in my H1b now.

 

1. I am currently working for YYY company from past 6 months as a Full timer and got laid off and my last day of work would be May 31st. YYY will revoke my H1b on May 31st. Is it really possible that they can revoke exactly on May31st? They said, They ll inform USCIS. Does informing is different from revoking?

 

2. My Ex-employer XXX is ready to file a H1b transfer with In-House project but chances are less to get approved with In-house project.. Isn't it?  Meanwhile I am looking for contracting jobs with my current TITLE.

 

3.I got a Full-time offer from a decent american company(ZZZ) but they are slow processing. May be able to file LCA and file H1b by June 15th.

 

 

My choices: 

 

1. Go with XXX and file In-house H1b Transfer and wait for contracting job? When I get contracting job, Should I just make H1B and LCA amendment with new title and responsibilities?

 

Or

 

2.Take Full time with ZZZ ?

 

- Will I be out of status from June01 - June15 (until zzz files H1b transfer).?

- If I am out of status for 15days. Does it affect my h1b transfer with ZZZ or future employment or GC?

- Should I leave the country and go for stamping  b/w June01-June15 ? I already have stamping until 2016?

- What If YYY revokes my H1b after June 15 and By the time, ZZZ sends H1b files for transfer? Do I still have any issues?

 

Thanks in advance

Posted

Employer revoking your H1B or not does not matter. You will be out of status from next day. File for a COS to B2 just to remain on status and to find a good employer with job. Let new employer file a cap exempt H1B petition and after approval you can request USCIS for withdrawal of COS to B2 petition or exit and enter with a valid H1B visa and I797.

Posted

Forget about H1 revocation. That has ZERO meaning to you.

You are out of status from the day after layoff. Revocation or not does NOT matter!

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