by Emily Neumann, Attorney at Law. “Help! My employer is going to revoke my H1B visa. What do I do now?” is a common call that I receive at Reddy & Neumann, P.C. H1B Revocation certainly will impact the beneficiary of an approved petition, but first, a little lesson on the proper terminology.
H1B Revoked – What does it mean? By USCIS or Employer ?
An employer CANNOT revoke an H1B. Only the immigration service, which is USCIS, can take that action and the regulations specify exactly when revocation is required in 8 CFR 214.2(h)(11). There are only two circumstances in which the immigration service will automatically revoke an H1B:
1) The sponsoring employer goes out of business; or
2) The sponsoring employer files a written withdrawal of the petition.
When an employer says they will revoke a person’s H1B, all they can really do is request withdrawal of the petition. Once the immigration service ( USCIS) receives a written request to withdraw, it will lead to the automatic revocation of the petition. Also, it is important to point out that, although it is harsh, an employer is actually required to notify the immigration service when employment is terminated (either by the employee’s resignation or the employer’s decision to fire). Visa holders may feel that an employer chooses to notify the immigration service out of spite, but they really have no choice. According to 8 CFR 214.2(h)(11)(i)(A):
“The petitioner shall immediately notify the Service of any changes in the terms and conditions of employment of a beneficiary which may affect eligibility… If the petitioner no longer employs the beneficiary, the petitioner shall send a letter explaining the change(s) to the director who approved the petition. “
What can an employee do when you know in advance you will lose job or be terminated from employment on H1B Status?
In the best case scenario, the employee will be given advance notice of a termination and withdrawal. If this occurs, the employee should immediately begin making arrangements to either obtain a new job offer or look to other possible visas to remain in the country. Once a termination of employment occurs, the H-1B worker is immediately out of status; there is NO grace period. Therefore, whenever possible, action should be taken to file an H-1B petition for change of employer (i.e. H-1B transfer) or to file a change of status to another visa type before the termination occurs. Once the H-1B transfer or change of status is filed, if the employer later notifies the immigration service of the termination or requests withdrawal, it generally would not impact the pending application or the immigration status.
Updated : As per new USCIS rule that was effective from Jan 2017, employees get up to 60 days of grace period to find alternative employment. Read H1B Grace Period 60 Days Ruling info.
Lost job on H1B status without any prior notice, laid off, or sudden termination – What can you do?
“But what if I can’t find a new job in time or my employer does not provide advance notice?” This is a tough situation, but not impossible. The most important consideration is to act quickly. The longer you take to decide on your next action, the more likely the outcome will require you to leave the country (at least temporarily). In the event of a sudden termination, if you are able to find a new job quickly enough, you may still be able to obtain the approval of an H-1B transfer while you remain in the country by filing the application “nunc pro tunc.” I should point out that if you a file an H-1B transfer after you have stopped working for the current employer (i.e. you are not in status at the time of filing), then you cannot start working for the new employer based on the H-1B transfer receipt notice.
Therefore, I usually recommend filing in premium processing and also explaining the situation. The “nunc pro tunc” gives the immigration officer discretion to approve the transfer and issue a new I-94 card even though you were out of status at the time of filing. This is more likely to occur if the transfer is filed quickly; a long delay in filing will likely lead to an approval without a new I-94 card. In that situation, you must exit the country, but can re-enter with a valid H-1B visa stamp. You get up to 60 days grace period as per the ruling from 2017, so if you act quick should be fine.
What if you cannot find job immediately after losing job, when on H1B status or in Grace period ? What are your options ?
If the prospects for a new job offer are not looking good, you may look into changing status to another visa type, such as H4 (if your spouse also holds an H1B) or F1. Again, this should be filed before you go out of status. If another visa is not an option, it may be best to leave the country temporarily while you continue to look for another job.
A new employer can file a new H-1B petition for consular processing (since you are outside the country), but you would not be subject to the quota since you were previously counted. There are some exceptions, so you should definitely consult with a qualified immigration attorney to confirm whether you are subject to the cap or not. Also, I should point out that there are other types of revocations not discussed here. The main goal of the article is to help those in H1B status who may be facing termination of employment.
Thanks to Emily for writing the guest article for us. Please reach out to using her using her for any immigration issue, she is a highly qualified immigration attorney and can help you with your case !
————————————-About the Author————————————–
Emily Neumann practices business immigration law and is a partner in Reddy & Neumann, P.C. in Houston, TX. Neumann writes a blog on immigration law ( immigrationgirl.com) and shares updates on Twitter (@immigrationgirl) and her Facebook page to help her clients stay informed of the latest news.
After undergrad, if person was picked in H1 lottery (2019) but due to RFE , employer decided to withdraw the petition.
Subsequently now with graduate (masters) done , will cap will be exempted or have to go through again lottery ?
Hello Kumar,
Thank You for everything, I do have a question to ask..
I came to US on a H4 and a consulting company A, sponsored for H1B in 2015.
I joined them and the end client decided to hire me in 2016 April.
I updated my consulting company about this and they were OK with it.
I joined the End Client company in 2016 April with a Approved H1B that was filed by them.
Right after that my previous consulting company A revoked my previous H1B.
Over the years I have had many H1B’s Approved and now it is 2022 and I am still in US.
I am now visiting India for Stamping.
Question
Will there be a question on my initial H1B that was revoked ? I was certainly not out of status.
I was on L1B for 2 years and then another company A filed H1B,I worked for one month in US and later travelled to India, attended Visa Interview, and got 221(g), I waited for 10 months and then got H1 field by another Indian company which got approved. Later in US I joined a US company and now it is 9 years. Recently I came to know that my first H1 filed by company A is revoked in 2014, after which I had couple of time stamping done in 2016 and 2019. My question – Will this have impact on green card processing?
VN,
It depends on the reason for revoke. If it was for fraud, it may. If you see online the status, it could be that they just withdrew the same.
Thank you for your kind response.
Cheers !
Hi Kumar,
I got H1 lottery in 2016 and got petition I797 approved for 1 year and later i could not go due to personal problems( also not went for stamping) . , but in Nov 2017 i received revoked notice by USCIS.
I want to know someone to help on whether can i file the H1b from new Employer year using my old i797 or i need to go through the Lottery again
Prakash,
This is a grey area. If you have not stamping done, the chances are it may or may not be counted towards cap. There are some cases, where USCIS has accepted cap exempt transfers, in some cases they have rejected too. So, if you have someone willing to take the chance, give it a try.
Hi,
I was holding H1B and petition duration was from Sep’2017 till Aug’2020. I never travelled to US in this duration. In Nov’2019, I got visa stamped but due to pendemic, I didn’t travel. Now as the petition expired and employer also revoked the petition.
So what is the next step? Do i need to apply new H1B? or is there any other process like still Visa transfer can be done?
Thanks
Hi,
Is it possible to withdraw filed H1B petition. The petition is only filed but not yet approved.
Is it possible to get refund amount ?
Thanks
Tanvi
Hi Kumar,
I was working with current employer A for Client A and the my assignment ended on Aug 25th, but my H1B petition was approved until 2023. My employer A withdrew my H1B petition and as I found a new assignment with Client B on Sep 25th, my employer filed a new H1B petition which is just submitted. In between, I found a new job with Employer B and they are about to file my H1B COE next week (Oct 20th) using my old H1B approved petition. I did not inform my new employer B about my old H1B withdrawal and a new petition filing by my current employer A. I submitted my documents to employer B before employer A informed about this process of re-filing H1B.
1) What are its implications, should I get my new petition from my current employer A approved before employer B files a H1B COE?
2) If I dont inform employer B regarding this, will it cause a denial of the H1B COE petition?
3) Any other suggestion is very much appreciated.
Thank you,
AJ
Hi Kumar,
My earlier/old H1B petition was applied by a consultancy during 2020. It was put into a 221G blue slip when i attended the stamping interview on Jan 2020 in Chennai consulate.
And that 221G bule slip was requesting the consultancy to submit some documents on behalf of them. They responded very late due to the pandemic situation. So that application status is still Refused and no response from the consulate. The last reply to the consulate for this application was on the Month of May 2021 on a following question to the consultancy.
Hence i started transferring my petition from that Consultancy to current emloyer. So when i went to Stamping interview again through Current employer the VO issued me 221G White slip and stated the reason that he want to review my old application since it is still Refused. Also, he is fine with the current application from Current employer. This is my current status.
My doubt is whether it is mandatory to withdraw that application filed by consultancy before i am going for the interview through Current employer?
Can i withdraw that old VISA application now? If yes please share me the procedure to do the same.
Praveen,
It is not mandatory, but as it was left unresolved or if there was no decision on it they want to review. You can withdraw it. Just email the consulate with the details of the 221g and when the documents were submitted and case number, they can do that.
Hi,
My employer submitted Withdrawal of my L1 Extension Petition in 2020 due to maxout and due no H1 or approved 140. Online case stats shows Withdrawal Notice sent. However I did not submit the withdrawal of L2 of my spouse during that time. We moved to India before maxout. Later my wife’s L2 case was denied.
Now I have approved new CAP H1 and applying for Stamping. Should I mention for a DS160 question(Has your US Visa been cancelled/revoked) as YES or NO? Is my spouse’s case denial of L2 affect the stamping for H1/H4? We are planning to stamping from india for new CAP H1.
ragha,
Technically your spouse US Visa was not cancelled or revoked, if it is done by USCIS. Their question is more related to US Dept of State and Stamping.
Hi Chandrika,
Referring Kumar’s example, similar way my Employer filed initial petition which was approved from Nov 2016 to Sept 2019 and stamping also done (expired now), however I never traveled USA due to personal reasons.
Seeing your previous comments, it sense I am still eligible with that visa and in cap exempt but my employer not suggesting anything on this.
Would you please suggest, what should I do if interested to travel now ?
I got my first fresh H1B in the year 2013 with the help of Employer “A” in India and travelled to the USA in May 2014 for two months. I came back to India and worked for the same employer “A” for 5 months and then travelled to the USA again in January 2015. I stayed in the USA till June 2019 and worked for the same employer “A”. My total duration with employer “A” was 4 years and 5 months. I then quit the job with employer “A” while in the USA and came back to India to work for employer “B”. Employer “A” has WITHDRAWN the H1B since I am no longer working with them and left them. In this case,
1. Can a new employer “C” based out of the USA use my existing H1B and transfer it, given that it is WITHDRAWN by employer “A” ?
2. Do I fall under cap-exempt or have to go with the new lottery process next year?
Hi Kumar,
I got my H1B Stamped in 2014 and travelled to US in 2017. I got my SSN as well, however, due to personal reasons I had to travel back to India in 2017 itself. After this my employer revoked my petition.
If my new employer wants to file my H1B am I subject to quote/cap or as i was previously counted i don’t have to go through the lottery process again, please advise
Regards,
J.P
Hi Kumar,
I have my H1b visa stamped by Employer A in 2017, at the last moment I was unable to travel due to some reasons. The visa expired on 2019. Now I moved to new employer B, when I checked with my new employer, they say that I should go through lottery process again even if they file a new petition for me, since I haven’t travelled to US.
Could you please provide your thoughts. Looking forward to hearing from you. Thank you.
My HI1B Visa application is approved but stamping is not yet done..
i have Resigned from my current company and as per policy they will not share H1-B approval notice with Associate . my current employer is saying that once you left the organization we will withdraw your H1B petitions.
My new employer is saying that they need H1-B approval notice to file the H1B cab exempt.
could you please let me know if we have any other option to transfer my H1B petitions after withdraw by current employer.
Hey Lokesh any update on this? Kinda on the same boat
Hey there! anything on this.. I am in the same boat!
I had CAP approved by Employer A in 2014. I got 221G at the time of stamping. I did not proceed with Employer A. Did CAP EXEMPT in 2016 through Employer B which got approved in Aug 2016. Travelled to USA in 2017 worked till 2021 , did couple of transfers and extensions.
When I did a recent amendment, I was issued a NOID with reference to my initial CAP with employer A that was filed in 2014. Employer A was issued a NOIR and due to which the employer requested USCIS to withdrew the petition (since I never worked for them).
This effected my current visa which was valid till 2023.
Any advise on how to fight for this with USCIS as I never worked for Employer A and did transfer (CAP EXEMPT) before they revoke / withdrew the CAP petition.
Hi Kumar,
H1B for me was selected thru Lottery in Apr 2020. Before getting it stamped, I left company A and joined another company.
My employer A filed H1B withdrawal petition with USISC in Aug 20. I have not yet received H1B withdrawal confirmation letter from USICS.
1. Can Employer B file new application for H1B for Apr 2021.
2. Will there be any impact on my OPT status in absence of H1B withdrawal confirmation letter.
3. What could be the overall impact on my continuous stay.
Hi Kumar
I got my H1b approved and active from October 1st 2019. Unfortunately I lost my job on September 28th 2019 and USCIS came for SITE VISIT on Oct 1st 2019 as I lost my job and was not available at the work location I received a call from the SITE VISIT officer and I explained him that I ‘m working from my Employer location.
Within next 40days I got a new project and filed for amendment on Nov 4th and it got approved within a week and started working at the same location till date
In 2020 November 6th I received Intend to Revoke Notice from USCIS asking me to explain the reason why I was not available at the site and we sent the explanation to USCIS stating that we filed for a new petition on NOV 4th and it got Approved and attached the new i-797 A.
Now on Feb 11th 2021 I received Revocation Notice.
USCIS stated in the revocation notice that “extension of stay requested is also denied because non immigrant visa petition filed on behalf has been denied”
Questions:
1.Does this revocation means my new H1 was also revoked or else only the first one
2.How many days I can be on status?
3. I have 33 days to file an Appeal. will I be on Legal status within this time?
4. what if my Appeal rejects?
Can you please suggest me what needs to be done at this point of time.
Thanks in Advance
I got my H1B approved with employer A in 2015 , worked with him for 6 months. Filed a transfer to employer B which was approved and after two months filed an amendment, got approved and worked for 7 months . Came to India for stamping in 2016 December . In the interview process visa officer thought that i worked illegally for 6 months ( with Employer A) due to a confusion and gave 221G.
In March 2017 , USCIS revoked my h1 with the below reason.
Post recommends revocation of the petition as the client does not anticipate the services of beneficiary for the dates specified. The interviewing officer referred this case for further investigation and because of fraud indicators during the interview process. A consular investigation found that the client was expecting beneficiary’s services until Jul 2017 but petitioner claimed work with the client would continue till feb 2019.therefore post concludes that there is no qualifying employment for the beneficiary as claimed by petitioner.
1. Will there be any chances to get my h1 approved if applied? or is it worth to apply ?
2. Will there be any risk for the employer , if he is willing to apply?
3. Will it be a problem , if i go with the same employer( Good and reputed) ?
4. Am i eligible for Cap exempt or do i have to go through lottery system ?
5. As i transferred from employer A to Employer B and again amended , will that transferred petition be in valid state or invalid?
Could anyone please check and suggest me an alternative for my situation?
Thanks,
Prashanth
You need consult a lawyer. This is too complicated to be answered in the forum.
I have valid H-1B petition on Client A till next year.
But recently changed to client B and Amendment has been filed with USCIS. After this, Client B realized that they have chosen me by mistake where my skillset doesn’t fit for their requirement. Now they are planning to release me from Client B.
So if i get release from Client B, then can i work for Client A as i have valid petition in hand without withdraw Client B petition which has been filed with USCIS.
Note: Currently i am in USA only.
Appreciate your help in this regard.
SK,
As long as it was not withdrawn, they can re-activate it. Check with your employer on this.
Thanks for your response. You meant to say I can work for client A if my employer withdraw client B petition.
Please correct me if I understood wrong.
SK,
ONLY if they have not withdrawn your first petition and it is in dormant state. Only your attorney can tell this. It is not black and white, you need to discuss with your attorney
Hello, I have a question regarding H-1B transfer
I am well aware that I have to keep a valid I-140 and do not need to get a new one when I transfer H-1B to the new employees for the same position.
But, what would happen if my former employer, the valid I-140 holder, closed and no longer in the business? Should I get a new I-140 from the new employer? Or would it be fine as long as I was transferred while I was holding the valid I-140?
Please help me! Thanks!!
I-140/Sam,
Even, if they close the company, as long as your I-140 was approved and was not withdrawn for 180 days, you would retain the priority date. Your new employer can use that priority date and file I-140 for you.
Kumar,
Thank you very much for your response.
So you are saying that the new employer should file a new I-140 for the extension or for the I-485 process? Would you please give me relevant codes or regulation? Thanks again!!
Sam,
This is the general portability rule, that has 180 days provision…I am not sure, if it has the company closing thing listed clearly…https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled
Hi,
I have H1 from the company, I never went to US earlier. Now due to some family emergency, i can’t go for another year.
My employer told he has withdrawn the H1b as i am not coming. I want some help on whether can i file the H1b from new Employer after a year using my old i797 or i need to go through the Lottery again
Hi,
My employer mentioned that they are going to revoke my petition. When I see the petition status, “Correspondence Was Received And USCIS Is Reviewing It” since July 2019.
1. What does that mean.?
2. My petition is already expired, Can I apply for transfer and renewal through another employer?
3. Or if the petition is already revoked, can I apply for a transfer/renewal through another employer?
Also I140 is approved
Sree,
They can only withdraw the petition.
If already expired, what is there to revoke ? If you are in valid H1B status and not used up all the 6 years time, you can apply for transfer.
No kumar, before it expired. they sent for revoke.
Sree,
As long as you are in status, you can transfer. Check all the dates and plan for it. Talk to an attorney.
Hi Sree ,
My petition is expired . Can y employer still send for revokation ?
Hi,
I am on H1B and came to India on March 2020 and got stuck here due to covid situation. Until September 2020, I worked from india on US payroll and due to taxation issues my company transferred me to the India office.
Now, I have few questions:
1) Will my H1B visa be cancelled/withdrawn by my company?
2) If I want to go back to USA again after 1 or 2 years, will I be considered as cap exemption if the same employer or different employer initiate the H1B renewal
3) What is the best option for me to keep of H1B within the cap exemption?
4) Also, my i-140 got approved, will that be useful to come back to USA again after 1 or 2 years?
Can you please help me on the above questions
I got terminated from employer A(say in Aug 2020) before employer B filed for my H1 transfer. My I94 expiry date with this petition is till April 2021. I am planning to join employer B(Sept 2020) on receipt as I am on 60 days grace period now. If client of employer B agrees to convert me to a fulltime employee, can they transfer my H1(Dec 2020) while my transfer to employer B is still not approved? If yes, Employer B will withdraw my application so how do I show my valid status for the period I worked for employer B(Sept 2020-Dec2020)?
Deepak,
Usually it is recommended to have approval before you move around, otherwise it will create bridge and you need the middle petition to be approved as well.
Hi,
I got H1B on October 2018, but, after a year, I left the company to go back my home country due to my family issue. As I checked on USCIS, my H1B was revoked on June 2019. Now I want to go back to the U.S.A, could an employer can apply H1B transfer for me?
Thanks,
Thao
Hi,
I’m working for a hospital on cap-exempt H1B from April, 2018. A consulting firm applied H1B in the lottery and it got picked and approved for one year i.e. 10/1/2020 to 9/30/2021. I have the soft copy of cap H1B approved I797 petition. Can I transfer the cap approved H1B petition to another private company after October 1 without working for the consulting firm who applied it ?
1)If yes, is there time limitation to transfer?
2)Can I transfer even after that petition is expired i.e. 9/30/2021?
Thanks.
Hi All,
i need help for the below situation,
i got H1b in 2016 – for 1 year stamping
I traveled to US in 2016
Applied for extension in 2017
Received extension denied in may 2018, immediately i left country (with in 180 days grace period)
working with the same employer still now in UK
Now my employer fired me .
i am going back to my home country.
As per my employer – they will cancel/revoke my h1b
can i do transfer my h1b to another employer after my employer cancel/revoke?.
sandy,
You can transfer. They can only withdraw, they cannot revoke it.
Thanks Kumar, Cheers
Hello,
I am on H-1B and my current petition and visa stamped is good till March 2022. My employment with current employer A is going to be terminated on 06/12. I have received a new job offer and it looks like my new employer B will file h1B transfer before my termination so my question is-
1. Should I inform my new employer B about my termination with employer A?
2. Would the new employer file for H-1B transfer or change of status or something else?
3. Does the new employer B need to send evidence of my unemployment or any documentation and what are documents if yes for question 1?
4. Can I start working for employer B on receipt since premium processing is currently suspended?
Narayan,
1. It does not hurt to inform. There is no need though.
2. It will be transfer.
3. No, they will only ask for your current status and approval. So, paystubs, your approval notice should be good.
4. Yes, you can as you are on H1B already.
I was terminated last March 4, 2020, and my employer requested for H1B withdrawal/revocation from USCIS. Got approved for i140 on June 17 from my new employer. i485 and i765 was filed and was just waiting for a receipt. Am I out of status since grace period is only 60 days? Sept. 4 is already my 180th days and if I don’t get any ead or AP, am I out of status? Do I need to go back to my Country. Please enlighten me. Thanks.
Hi, I’m not Kumar, but can I ask you a question? If you put your receipt number for that H-1B, does it still say it’s approved Or it’s been revoked? If revoked, does it say which date it revoked? Is it the actual layoff date or last paycheck date? Thanks and I hope your case goes well with the new employer and get to stay in the states.
Just to clarify, I meant when you put the H-1B receipt number on the USCIS case status page 🙂
Hello,
In May 2018, my H1B petition was picked in the lottery, but not approved because I changed employers during processing. So, my H1B application was withdrawn. Even so, I still have the receipt number of my case. Does this mean I will not be counted in the H1b cap again with any employer who applies for me? Or Can my current employer file the H1b application with that receipt number?
Anshil,
If you did not get approval, you were not counted towards cap. You need to go through lottery again.
Hi, My H1B expired in Dec 2019 and I applied for COS to H4 which is still under process. I also have approved I-140. Now I have found an employer who has agreed to reinstate my H1B. My question is – Can I join on receipt once the petition is filed for reinstating visa or do I need to get the petition approved for starting work. Also will it be counselor processing?
Appreciate the help.
Sanchari,
You may do that, but you cannot work until the H1B is approved. Also, the trick is the timing, if your H4 is approved after H1B, then as per last action rule, your status moves to H4. So, you need to plan and discuss with your employer and their attorney on the situation. The ones I said is, if you file as COS. But, if you file as Consular processing, there is no issue, but you cannot work until you exit and re-enter the country on h1B.
Hi Kumar,
My H1B got approved with company A on Oct 2018. I transferred my H1 B to company B on January 2019 and it got approved on June 2019 with company B with an expiration of 12/21/2020. I also filed Labour and it got approved on January 2020. Filed I-140 also, waiting for the decision from USCIS.
Recently I got a letter from USCIS saying that your H1B with company A has been revoked as they found that the client letter submitted with company A is incorrect.
Can you please help me what are my options now ?
Siva,
If it was revoked for misrepresentation of facts or similar issue, then your H1B is technically not counted and you need to go through lottery again. You should discuss with your attorney at company A and also B and then take swift action.
Hi Siva,
I am also in same boat, can you call me on 7327719459
Hello!
My i-94 had expired. H1b Extension and amendment were in process with a received RFE. Client project already ended before receiving the RFE. Employer ran 2 monthly payrolls and then let me take a month unpaid leave and write them a resignation letter showing I’m going back to school.
Then I filed COS to F1 which I did effective from July 2nd and employer sent H1 withdrawal to USCIS effective from July 3rd.
I left US on Sept 3rd when both the withdrawal and COS petitions were in pending status on USCIS website.
Question- Did I accrue any unlawful presence?
Thanks!
Ratna,
As you left during the process and did not really get denial, it is technically fine…Unlawful presence only kicks in, when you either violated status or stayed beyond I-94 expiry and nothing was pending with USCIS. You were in period of authorized stay and not out of status. You can discuss with an attorney and get clarity as well.
Hi, I have below situation.
Applied for h1b in 2015 and petition was approved. But I never went for visa stamping. And then in 2016 h1b employer requested for h1b withdrawal and USCIS revoked it. Can I apply for H1 as cap exempt case with new employer? I am currently on H4 in US.
Please advise, thanks.
Thank you so much! Reading this article helped me understand the process so much better. have a question regarding a part below:
“I should point out that if you a file an H-1B transfer after you have stopped working for the current employer (i.e. you are not in status at the time of filing), then you cannot start working for the new employer based on the H-1B transfer receipt notice. … You get up to 60 days grace period as per the ruling from 2017, so if you act quick should be fine.“
Am I still considered “in status” even if I have stopped working for the employer who sponsored the H1-B (by being laid off) if the H-1B transfer (change of employer) was filed within the 60 days of grace period? Can I start working based on the receipt in such case?
Thank you!
I have one more question after reading your replies on this page 🙂
You’ve answered “2. Yes, you need to submit the proof of job loss indicating that you are in grace period.“
What could happen if the new employer filed H-1B transfer for the beneficiary who has been laid off that the person is in grace period? I did not disclose the lay-off or being in the grace period… will I be in trouble?
DJ,
Well, it is hard to say….The reason you need to submit is, if it is long gap and there is an RFE asking to submit documents to prove status, then you need to disclose that…
DJ,
Probably need to clean it up, as it was written with old rule. As per new rules, if you file within 60 days, you are still considered in status as USCIS gives that provision…Read H1B 60 Days Grace Period.
Please help!
I’m on H1B right now and have H4 visa as well. My spouse is also on H1b visa and currently is going to file his H1B extension in few months. Can he apply for my H4 visa extension as well with his H1B extension process, so that in future if I wanted to come on H4 again i can go easily.
Your help is much appreciated.
Thanks
Ankita,
If you are on H1B, then if they file for H4, it will be a Change of Status. So, your status will change to H4. If you want to be on H1B, then do not apply for it. You can apply for h4 anytime, once you do not want H1B status or something happens to your h1B.
Hi Kumar,
I lost my job in February and my employer revoked my visa after that. I found another employer who has already applied for my H1B visa transfer within 60 days grace period. However, I now have a new offer my way which is far better than the current job. I want to know if I can switch jobs right now. Even though I am not out of status but my case is pending. So if this potential employer asks for my immigration status what should be the best way to approach this? Do I share the details of the application that is pending? Will I have to lose this opportunity and wait till the current visa transfer is approved? Please suggest.
Thank you.
Ankita,
Well, it is risky, if your I-94 has expired. Even, if not expired, you also have another situation like Bridge that you need to consider. if you join the new employer, the middle company can become a bridge and if the middle one is withdrawn or denied, then bridge is broken and you lose the approval of the final one…This is pure in layman terms. But, it can be tricky, so…discuss with an attorney. My personal view is that you should have approval form middle company before you go for new company. As there is no premium processing, you are now in difficult spot… it is better to wait in these kind of situations..
Hi Kumar,
Thank you for your response. I understand the situation is risky and thank you so much for clarifying all the possibilities in this situation. What I am trying to understand is that can my new potential employer legally apply for my H1B in this situation considering my 60 days grace period is over?
Also, I have the option to go on a dependent visa so technically I am not out of status in either way. However, the only issue with that is I will not be able to work on that visa for the next 5-6 months, at least till the time the change of status process is completed and that is why I want to keep my H1B active under any condition.
Please suggest.
Thanks
Ankita,
Yes, they can apply. You can wait until approval and then consider moving.
Yes, thats correct, that is the limitation. That’s why I suggest you talk to your attorney and plan it out.
Hi Kumar,
I’m currently on h1b and because of covid19 situation i am loosing my job in 2-4 days. After that my employer is going to lay-off me within 15-20 days.
Can i file for COS from h1 to h4 as my spouse’s h1b is also valid till July end, 2020.
My current employer recently applied for h1B Extension as well on this March 30th. And i came to usa on h4 with valid stamp till 2020 July end.
Please suggest.
Thanks in advance!
Jaspreet,
Sorry to hear. Yes, you can. Dont worry about extension, they will withdraw it.
Hi Kumar,
Thanks you so much for response.
As of now I’m not sure when are they going to withdraw extension application. My current i94 is valid till May 10. In case they’re withdrawing after 10 May, so will i be out of status here ?
Many thanks,
If i may ask another question. Will I still be cap exempt after COS from H1b to H4 and if my employer withdraw h1b extension?
Please help.
Really appreciate your help.
Thanks
Jaspreet,
yes, you will be.
Jaspreet,
If you apply for COS before they let you go, you should be fine.
Hello!
I wanted to know if we can get the benefit of 60 days grace period if the i-94 is expired and employment terminated while extension is in process.
Thanks!
Anil,
Well, this is grey area….Very likely it would be hard to get 60 days grace period. The reason is you do not have status, when extension is pending after I-94 expiry. Also, your H1B has not ended before the actual end date, so grace period would not kick-in. Double check with an attorney to be sure.
Hi Kumar,
I got laid off on March 31st by employer A. Employer B filed for H1 change of employer application on March 30. Currently am in 60 days grace period waiting for receipt notice from USCIS. Employer A confirmed they sent petition withdrawal request. As employer B transfer is in regular process and may take months will I be out of status after 60 days grace period even though am working with employer B on receipt? Does employer A withdrawn petition impact employer B transfer in any way considering transfer may take several month now?
Thanks and Regards!
Puneet,
You will not be in out of status. You are going to be in Period of Authroized Stay. It wont impact as long as you are with B and working for them on receipt notice…Don’t worry.
Hi, I am on H-1B and got terminated on 3/20. I am looking for a job and an employer who can file H-1B for me within 60 days. Could you please help me with 3 questions –
1. Would the new employer file for H-1B transfer or change of status or something else?
2. Does the new employer need to send evidence of my unemployment or any documentation?
3. Can I start working on receipt since premium processing is currently suspended?
Arjun,
1. Transfer.
2. Yes, you need to submit the proof of job loss indicating that you are in grace period.
3. Yes, you can. Technically you have no choice…
Thanks a lot for responding so quickly, Kumar!
If I may ask a few follow-up questions –
1. Do I need to start working within 60 days or would filing just the application within 60 days works as well?
2. In the proof of job loss, do I need to provide job suspension letter from my previous employer, or evidence that I have been interviewing and searching for jobs?
3. As my last employer would have withdrawn their name from petition, would it make sense for new employer to file transfer?
Arjun,
1. The application has to filed within 60 days and you should start working right after the grace period to maintain status.
2. Well, it should be your job loss letter. Discuss with your attorney.
3. It is in fact considered a transfer. Read What is H1B Transfer to know more
Hi Kumar,
I am on L2 EAD and working for employer A.My H1B is being filed by different employer B as change of status.below are questions
1.If this gets approved after October and this different employer B closes the position will I be able to file cos of status immediately to L2
2.If I am able to file change to status to L2 again will I be able to start work on previous approved L2 EAD based on receipt.
3.If I ask this different employer B to file it as consular processing.Will I be able to file an amendment to change of status without going outside usa
Alterego,
1. You can. You need to talk to them and ask them to withdraw to avoid issues.
2. Well, this is tricky. It you go to H1B status on Oct 1st, then you cannot. You need to have L2 approved again…
3. This can be tricky as well, because again you need to file COS, but that processing can take time… Usually they recommend to go out and re-enter.
Discuss with attorney and plan it out.
My H1B amendment for a new role with title change and change in location with the same employer was filled recently in premium. If I decide to stay in my current role, is that OK? What options do I have if want to continue in my current role?
PS: I have a valid H1B VISA for my current role valid until Oct 2020.
Satish,
Technically you can continue doing what you are doing until the validity of the current role. Post that, you can apply for extension. talk to your attorney.
Thank you Kumar. Do I need to withdraw my H1B amendment?
Employer filed for my green card in 2012 and I have my I-140 approved. They filed for my H1-B renewal in Aug 2019 and I have a receipt from immigration but do not have the approval in hand yet. I lost my job during recent reduction on January20, 2020, and my current H1-B expired on Feb 1, 2020. I had only 10 days to find a new employment and file for a new H1B. Therefore, I had to leave the country with my family.
I have lived in the United states for past 15 years with my wife and 3 kids, and I sincerely want to move back to the US as early as possible. Please help.
Manish,
Sorry to hear about your situation. You are cap exempt because you have I-140 approved. These are difficult times for many, all I can suggest is continue to apply or use your network in US and try to find a job. Stay positive. Also, you can find a role in your home country and join an MNC that has US Presence, that option may work out in a year as they can try for L1, just a backup option.
Hi Kumar,
Thanks for replying. If my current H1B extension petition gets withdrawn from USCIS.. Can still a new employer file a new H1b extension since I have I-140 approved??
Manish,
Yes. Provided I-140 was in approved status for at least 180 days and not withdrawn before that.
Hi Kumar,
Since I had to leave US in such short time..I had to keep all my belongings in storage and some at my friend’s basement. Now the problem is my friend is moving to another state . I need to take care of my stuff and the car that I left with him. I plan to go on B2 visa to sort things out. I am also interviewing with some companies which are in initial stages and will take time to conclude. Can an employer still file H1B while I am on B2? Will B2 affect my H1B sponsorship at all? Please respond asap. Thanks
Hi,
I am currently working for a new company(B) and my client (due to impact of corona virus) has started the lay-off process and has given me the last date as 3rd of April, 2020. I had joined company B after the getting the approval notice of my H1B transfer (valid until 12/10/2021). Because of the current situation, can I now join my previous company(A) where I had the approved petition until 12/10/2021.
1. Will the petition be revoked by my old employer?
2. Is there a way to check the status of my petition held b my old company?
3. When I check the status of the old petition online, it still says “Case Was Approved And My Decision Was Emailed”. Does this mean that the petition is still not revoked?
Kindly help me with the details.
Hi Kumar,
I have one more question. If I choose to come back in another visa like F-2 , H4 or B2, am I still eligible for H1B sponsorship? Considering my GC was applied in 2013 and I have approved I140 since 2014.
Please let me know.
Thanks,
Manish
Manish,
Well, you can apply for COS in some cases to H1B. But, the better way to do it is, arrive in US on H1B visa. Now, in general, if your I-140 is approved and it is not withdrawn within 180 days, you can file as cap exempt h1B. In your case, as it was from 2013, I am not sure. The rule change came in 2017, so double check on that if it applies to you as well.
Dear Admin,
Thank you for valuable information on USA immigration systems. Very clear and helpful for many. Much appreciated.
I have one question. Please clarify the same.
I had traveled to USA on deputation through H1B on Feb 2016. This is my first trip to the USA on H1B. I had visa only till March 2017 and applied for the H1B Visa extension before March 2017 and got it approved and visa till March 2018.
In 2018, I had applied for the extension of H1B Visa through premium processing. Unfortunately my petition was denied on June 2018 and my X employer requested me to leave the country within 2 weeks of time with my family. I had resigned employer x and applied for H1B Visa transfer to my employer Z after the denial in USA. Even my H1B Visa transfer also got denied and left the USA and came back to India.
In Between, Oct 2018 my employer X sent my H1B Visa revocation to USCIS.
My question: Am i eligible for H1B Visa transfer to different employer?. The H1B Revocation notice will hamper my H1B Visa transfer?What is the process and rule? Out of 6 years, I had utilized only close to 3 years of H1B Visa.
Could you please clarify my questions and do the needful.
Thank you again.
Best,
Karthik
Karthikeyan,
Yes, you are eligible for cap exempt H1B. Employer cannot revoke, they only can withdraw. You can still use 3 years by filing a transfer petition as cap exempt.
What are the alternative of H1b withdrawn/revocation.
1) I have my f1 visa till july 2020 and can i take in university and do the border crossing ?
2) can i file for h1 transfer in the future to new employer after getting the project ?
sajid,
What is your currents status ? and in what context is the withdraw coming is what matters…
Hi,
I am in my home country. My H1B is approved in 2016, later in August 2017 went for H1B stamping but received 221g administrative processing from us consulate. In May 2018 my H1B status is “Withdrawal Acknowledgement Notice Was Sent”.
If I apply for H1B in 2020 Do I need go through lottery again?
Ravi,
You are eligible to apply for it. Lottery thing is your luck.
Need advice , H1 transfer with Company B(current client) is approved and H4s are pending , current company A (Current Employer) wants to work for them for 6 more weeks and they will also file the extension (H1 and H4) as their H1 and I94 is expiring soon , regarding this I have few questions
1. will there be any issues(for H1 or H4) if I work for them for 6 more weeks and then join B and later probably A will withdraw the petition …
2. what will happen in the following cases (If I am working with Company B after 6 weeks ) and
a.If H1 extension from Company A gets approved ?
b. If H1 extension from Company B gets denied ?
c. if H1 extension is withdrawn by A before any decision is taken by USCIS ?
Thanks
1. Should be fine. Just discuss with attorney on the timings and start dates.
2. You said B is already approve, why would it get denied.
In short, if you have valid H1B, you are fine…Don’t overthink. If you want to continue with A, go for it, it is fine…You do not have to join B as it is not COS.
Hai,
I got my h1b approved in oct 2018 and worked for 6mnths on H1. In april i went to stamp in india and got 221g and and after 6mnths I received denial mail as the case is denied and sent back to USCIS for review and possible revocation.Now after 3months I received “ revocation notice was sent “. Is my h1b still valid and can i transfer to another employer?Am I eligible for cap exempt? What are my options?
This is my 1st h1b and no stamp. I changed my status from f1 to h1.
Thank you
Kumuda,
It depends on the reason for revocation. If it was revoked for fraud, you may not be able to use it as cap exempt. Check with your employer on the reason and the letter, to be clear.
Hi,
I have a fresh approved petition valid for next two years. I have not traveled to US with this visa. This was filed by my current employer. There might be chance of me loosing job with current employer due to economic situations.
What are my options now?
1. What will happen to approved petition if I find another job before termination
2. What will happen to approved petition if I find another job after termination
Will my petition be transferred to new employer anytime in future without loosing it’s validity? Or it should be done within certain time frame?
Thanks in advance
Nandan
Nadnan,
1. Well, it will expire, if nothing is done.
2. You can find a new employer and try to apply for transfer as cap exempt. But, the trick is cap exempt rule is slightly grey area. As you have not been to US and have not worked on H1B or got H1B stamped, sometimes USCIS can question you were not given H1B status…but, there are successes as well. If you have an employer willing to apply as cap exempt, they can file for transfer and give it a shot.
Kumar,
For the new employer who is willing to transfer and apply cap exempt, what documents needs to be usually provided? I have receipt number and petition valid to date (July-2022). The current organization has not given me the hard copy of the approval notice.
Those documents should be good enough for transfer.
H1bvisa was revoked suddenly for a friend but the person has visitor visa too thats valid . Is change of status possible during Grace period
Gargi,
It does not get revoked suddenly, only employer can withdraw petition…it may happen, if there was fraud. Just having visitor visa is not relevant, you need to have status for the same. Read US Visa vs. Status
Hi,
My employer received an NOIR on my approved case by 2019 Oct , the reason mentioned was SOW what i submitted for approved visa was expired. So we replied back with new client letter and other document. After few months, yesterday the case status was updated to “Revocation notice was sent”.
will i able to transfer my h1 to different employer and continue work here?
what are possibility of that h1 transfer approval?
how long am allowed to stay in state with that revocation?
some information on this will be really helpful
Raj,
If you have never had H1B approved, then you will not be able to use it. If you already had H1B status or approval before this current one, then you can use it for transfer.
I am also in same boat. Were you able to do H1b transfer or you went back to India?
Hey Kumar,
In a real time crunch situation and would really appreciate a quick response. I’m currently traveling and learnt I was laid off. My employment termination date is expected to be Jan 31 2020 but I’ve lost access to my company email etc.
I have a valid H1b stamp from a previous employer along with an approved i-797 transfer notice from my current employer (one where layoffs occurred). Questions –
1. Can I travel to the US without any issues?
2. When would my grace period begin?
3. Anything else I should know? (waiting to talk to the attorneys)
Thanks in advance!
Other relevant details –
– I was notified of the layoff on Jan 7 and travel date is Jan 12
Sorry, I missed this part. If you have not left US yet, do not leave US now. Use your 60 days grace period, get a transfer approved and then travel,
Neal,
Sorry to hear about your situation.
1. No, you should NOT. As you do not have a job, if they ask any questions or additional info at Port of entry, you are at risk of being barred for fraud as you know that there is no job for you in US now.
2. Your grace period only applies, if you are in US…not sure, if that applies to you now.
3. The best thing to do is, you find another employer now, do H1B transfer and then re-enter US.
Do talk to attorneys and make informed decision.
Hi Kumar,
Employer A filed my initial petition which was approved from 10th Oct 2016 to 10th Aug 2019. (receipt date 21st Apr 2016) – never traveled with this petition.
Same employer A, filed an amendment petition which was approved from 3rd April 2017 to 4th April 2018 (receipt date 28th Mar 2017). – I traveled to US with this stamping and worked there from May 2017 till July 2018. (employer A filed an extension after April 2018, however it got rejected and i traveled back to India on July 2018.
Now I am in India from July 2018, both of my petitions got revoked now (i checked the status in USCIS a few days back). My visa expired on April 2018. Both petitions revoked.
1st petition revoked on Dec 2018.
2nd petition (amendment) revoked on Feb 2019.
In this case, Am I eligible for cap exempt petition? If yes, till what date i will be cap exempt?
your help is much appreciated.
Thanks.
One more update,
Now can Employer B can file cap exempt?
Chandrika,
As you had H1B approved at least once and you worked on it, you are cap exempt. The denials do not matter, unless they are revoked for fraud. Usually, they revoke after the withdraw was submitted by employer, so it should be fine. You will be cap exempt until you use 6 years of H1B, check H1B Recapture Rule
Thank you so much Kumar for the reply.