H1B Revoked by employer

[Visa9]

just want a advice on my recent issue on non immigrant h1b visa.

 

i am working with company "A" full time since 1 year 5 months, without any notice they terminated my job on Feb15th and revoked my h1b on 23rd Feb online . I found the employer B who sponsored my H1B in normal processing.I got the receipt on March 7th.

 

 

Attorney told me that i can work on the receipt , 

 

1) now my question is..

 

1) Is it OK to start working on the receipt or do i need to wait till i get the final notice from USCIS ?, employer B told me that he will upgrade the processing to premium but its not yet done..

 

2)Since i was out of status from 23rd Feb to March 7th,  what kind of issue's i may get in this case? do i need to go for stamping with new i797 with employer B? i have valid stamping till 2017 April and also i have valid i94 till 2017 feb

Pls advice what is best thing to do in this situation.

 

 

your swift response in this regard is much appreciated

 

Have a great day!

 

Thanks in advance

[JoeF]

This has nothing to do with H1 revocation.

You were out of status from the day of layoff, NOT the day of H1 revocation. H1 revocation is completely irrelevant for you.

The day of layoff is the day that matters. Forget the H1 revocation stuff. It is irrelevant for you.

 

Since you are out of status, it is unlikely that the H1 would be approved with COS. USCIS may excuse a few days, but there is no guarantee.

And you have to wait for the H1 approval (with COS) to work, or you would have to leave the country, and enter with a new I-94.

[Attorney_15]

Under the law, a person who has been maintaining H1B status can start work on the filing of another employer's H1B petition. In the situation you've presented, it appears that you not only fell out of status because you were let go but the H1B was revoked. USCIS is most likely going to issue a RFE asking about evidence of maintaining status and not because they might think you are but in case you have some evidence - that they are not aware of - showing that you are in status. Generally, the most straightforward way to handle such cases when there is no actual eligibility under the law for an I-94 Card is to withdraw the extension of status request to change to consular processing.

[Visa9]

Thanks all for your reply's...

 

Consulted immigration lawyer ,he is saying though i got few days out of status i can work on the receipt.Is that OK?

Can i start working on the receipt or will that be an issue? My petition is in normal processing ,once i got couple of payslips they expedite it to premium.

Have a great day!

Thanks
NagaRaju

[JoeF]

No, you can not start working with the receipt, because you are out of status.

[vgowri]

In some cases USCIS uses their discretion even if the petitioner has overstayed the status period. However it is very risky to rely on that.

 

The best advice your attorney can probably give at this point is that you should be prepared to leave the country for consular processing.