H1B Revocation and Reinstatement

[h1bvisaquery]

Hi All, 

 

My employer is stating that as soon as an employee looses a contract - H1B will be terminated. And once the employee finds another contract - they will reinstate it. I am totally confused because if they terminate H1B wouldn't the person go out of status, if he/she remains in the US? Is there something called reinstatement of H1B which works in such circumstances. Is there any time limit for reinstatement - when the person with revoked H1B is still in the US?

 

Thanks for your responses. 

[jairichi]

The moment you stop getting a salary and have not filed a COS petition you are considered out of status. To get back to work employer has to file a cap exempt H1B petition and on approval with an I94 attached to I797 you can work for that employer.

[JoeF]

As soon as you are laid off (which is what H1 being terminated would mean), you are indeed out of status.

And there is no "reinstatement". The employer would have to file a new H1 and pay all the fees for that if they want to hire you back.

If they don't inform USCIS about the layoff, they would have to continue to pay you. If they don't, file a complaint with DOL on form WH4.

[rahul412]

What you said is correct.

[vikas.nikuu]

Hi,

 

Friends i have a question. Any advise appreciated.

 

 

I'm in India presently and had my H1B petition approved by the USCIS through Employer A(US Consultancy) in 2014 when i was in 

 

US through Indian company.

 

Petition Validity: Oct-2014-Sep 2016.

 

I never got the H1B visa stamped and never joined employer A since I am still in India and working with the same indian 

 

employer 

 

My query :

 

1. Can my employer A (US Consultancy)  withdraws /cancels my h1b petition since i have not joined him yet.? 

 

 

2.  If my employer A (US Consultancy)  withdraws /cancels my h1b petition -

 

2.1 can  my present Indian employer file for a new cap-exempt petition based on the above approved case? I have the approved 

 

I797A document picture ( shows case number). 

 

2.2  Am I eligible for Cap exempt for next 6 years since mine is approved case which is never used nor expired yet ? 

 

I researched many topics and forums, and some people say "yes", some "no". not sure what is correct ?

 

 

I eagerly await your response!!

 

Thanks,

Amit