H1B Revoked, Withdrawal, Termination – By Employer? USCIS? Oh My! Options

In H1B Visa by Guest AuthorUpdated : 418 Comments

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.

   

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Comments ( 418 )

  1. ChandrashekarReddy

    My Wife got H1B from Company A in 2016 but wasn’t stamped due to 221(G). She entered US on H4 and got job offer from Company B and got new approved i797 in June 2019, As per Attorney, she needs to get her visa stamped before starting work. Currently She is in India and again she got 221(G). Now company B decided to withdraw her visa as they don’t want to wait further. What are the options for her ? She is totally frustrated and looking for some hope.

  2. Deepti

    Hi,

    My H1B was picked and approved last year (2018). I got laid off last week with termination date of September 2, 2019. My employer will be sending a withdrawal notice to USCIS.
    1. When does my 60 day grace period start? From my termination date or the last date of pay stub?
    2. If I manage to find an employer within next 60 days, am I eligible for H1B transfer or do I become cap non-exempt?

    I heard if they withdraw my H1B before October 1, 2019 (which is within one FY from my approval), I will not be cap exempt and will not be eligible for H1B transfer with a new employer. Is that true?

    Thanks!

    1. administrator
      Kumar

      1. It starts on the day your job is terminated. In your case, it is Sep 2.
      2. Yes, you can do H1B transfer as cap exempt.

      I am assuming you are currently working on H1B, if so, there is no such thing and you are cap exempt….if you never had h1B status, then that may apply.

  3. Curious Aspirant

    My employment with company A was terminated on July 31, 2019 and USCIS received communication from company A to withdraw approved H-1B petition on Aug 28, 2019. However, no action has been taken yet. I have got an offer from company B and it will file an H-1B transfer by Sept. 10, 2019 or so. Will the transfer be affected if USCIS takes action on my approved petition from company A before they receive the transfer petition from company B? Or will they allow 60 days grace period even if withdrawal action has been taken on the petition from company A?

    1. administrator
      Kumar

      No, it should not impact. You are technically in the 60 days grace period, so you should be fine. You need to be aware that the 60 days grace period is discretionary. The withdrawal does not matter, your I-94 validity and the 60 days matter. Read 60 Days Grace Period h1B rule

  4. TerminationRevokeQuestion

    Hi Kumar,
    If company who sponsored the H1 visa terminates the employee for not having project, do they generally revoke H1 visa also? Should the employee immediately leave US upon terminating ?
    Can the visa be transferred to another employer after termination ?

  5. krishna

    Hi , I would like to know whether i am eligible for h1 B cap exemption for the below scenairo

    I had H1b with valid stamp in the year of 2015 and i worked 15 months in USA and came back to India after that my employer is revoked the petition 2016 august
    and visa also exipred in aug 2018.

    Please let me know.. whether i am eligible for h1 B cap exemption and if yes how long it is valid h1b or i have to go for fresh H1B

  6. Unlucky One

    I am on my F1-OPT visa which is valid till End August 2020. I got sponsored (H1-b) for 2019 with my employer and have an approved H1-b petition with me. It is approved. However, my employee has laid me off with no reason and has indicated to me that they have revoked my H1-b petition as well. I was supposed to come on to H1b status on October 1, 2019 this year but that will not be the case. Currently, my H1b status is showing as active on USCIS website. I want to know:
    1. How long will it take USCIS to revoke my H1b petition? Will they send a confirmation notice to my employer to confirm the revocation?
    2. If I find a new employer which agrees to sponsor me, the new employer can file for a new H1b now(which would be cap-exempt) but how much time does the new company have to file for my new H1b. I do not want a H1b application (on behalf of new company) to get stuck or nullified because H1-b approved petition (on behalf of my old employer) got revoked? Please help.

    1. administrator
      Kumar

      Usually it can take few weeks to months. Yes, they will send an acknowledgment receipt. Well, this is the grey area, if they have already revoked, then it can be tough..if not yet done, there may be chances. I would suggest you talk an attorney and act accordingly.

      1. MANI

        Hello Kumar,
        It’s kind of emergency situation.
        H1b approved and issued noir due to clerical errors,
        Before h1 I’m in stem opt.

        Once h1 is reopened I contacted university they said my sevis is active and I received my new i20 also.

        Now my h1b is revoked due to invalid LCA Submitted by attorney.
        I have worked on my H1 for 6 months.
        School saying My sevis is still active and stem opt is still approved.
        Can I continue work on opt?
        Am I out of status?
        My employer attorneys saying I can work if sevis is still active. Is it possible if h1 approved and revoked?
        My employer trying to file h1 Amendment on top of revoked petition will uscis accept that ?

        Please reply and thanks in advance

        1. administrator
          Kumar

          Well, I am not sure. Technically you were on H1B status and got paid. Now, for you to work on OPT, you need to go back to F1 status. Discuss with your DSO on this, how this would work. Please double check with another attorney and then only pursue the OPT part. NOIR is not yet fully done, there could be a way to fix it. Discuss with your attorney. Yes, it is possible. NOIR is not Denial…You can also speak to another attorney and get second opinion.

          1. Mani

            I have received a Revoke Notice from USCIS on July 30th.
            I have contacted to my school and said the same thing and they are saying, my H1 record is not mentioned any where and my sevis is still active.

            Is that possible technically because being in H1 for 6 months going back to the opt again automatically will that work?

          2. administrator
            Kumar

            If you have worked on H1B for 6 months, you were on H1B status. You cannot just jump statuses without proper process. I would suggest you work with an attorney and clarify. It is risky to do anything without proper process.

  7. teja

    Hi Kumar,

    my h1b(initial one-employer A) got revoked by uscis due to the reason that there is a mismatch in the salary specified in LCA and paystub(ran 3000$ less than specified in LCA by employer A)

    but my amendment(change of client) got approved which is valid till sept 2020(employer-A).

    they revoked my initial h1b after my amendment got approved.
    does the revoked h1b petition affects approved h1b petition?
    since my payroll is running with same employer A,is there any complications for future extensions and stamping since uscis has revoked h1b?

    thanks

    1. administrator
      Kumar

      This is a tricky situation, if the one revoked was your first cap subject petition, then there maybe implications of the same like you not being counted towards cap. So, speak to your attorney on this.

    2. H1B Frustration

      Currently i am working in top MNC company. I have applied for H1B in 2017 from US based company got picked in the lottery and petition was approved.I went for interview in the month of Oct 2017 got 221g.

      Here are the complete details about my case.

      Current Working Company: Reputed top MNC in the world.

      1st H1B: 2017 applied from small consulting company.
      Interview Date: 16 Oct 2017 Mumbai.
      Interview Status: 221g and collected passport. Requested for client letter.
      Submitted client letter on 22nd Oct 2017.
      Returned passport without stamping with another 221g on Feb 6th (Requested for couple of employer documents).
      Note: Waited till Oct 2018 not received the requested 221g documents from employer.

      2nd H1B: I have asked my current working MNC company to transfer the H1B petition but they are not ready to transfer as it was not activated(stamped) so they applied for new H1B in Apr 2018.

      Mean while Other US based company (Small Company) transferred my 1st H1B in Oct 2018 and it was approved in Jan 2019.

      2nd H1B gone through lottery and approved in 2019 March.

      Note: Both employers are not know each other about the approved petitions.

      Now i have 2 H1B approved petitions .I chosen MNC approved petition scheduled for interview in Aug. 

      Mean while petition got 221g in Oct 2017 sent NOIR to employer on July 8th( Verified in USCIS)

      Question : 

      Does it impact my current interview / petition?

      Note: I have scheduled interview with MNC petition filled as new CAP not the transferred existing petition.

  8. Simi

    Hi Kumar,

    My h1b got approved and stamped in 2016 . I came to us in jan 2017 to differnent location and client for the same employer and they filed amendment. Meanwhile in Oct 2018 got revocation notice. In Dec 2018 amendment got approved till Sept 2019. But h1b revoked in Jan 2018. Now i need extension after Sept 2019. what will be the impact of revoked h1b ?Kindly suggest

    Regards
    Simi

    1. administrator
      Kumar

      It all depends on the reason for revocation. If it was revoked for normal reasons due to withdrawal, then no issues. But, If your original first H1B petition was revoked due to fraud or some misinformation, then you may need to go through cap again. Discuss with your attorney on this to be sure on the consequences.

    2. Kavitha

      Hi Kumar,

      My H1B is approved in Nov 2015, Employer withdrawn my petition in June 2017. USCIS revoked my H1B after 2 months. I don’t have visa stamp in my passport and never on H1B status .

      In this case,will I am Cap Exempt ? Right now I am working on H4 EAD . Can My current employer file COS for me ?
      What is the chances of approval?
      If approved , is there any problem in future for extensions /stamping ? How to proceed ?Please suggest .

      Thanks,
      Kavitha

      1. administrator
        Kumar

        Well, if it was revoked due to fraud or anything as such, you may not be cap exempt. If not, you can give it a shot. USCIS in some cases questions, if the user had H1B status at all for transfer, so can be tricky…Discuss with your attorney and then take decision.

        1. Danny

          Kumar my friends case was Revoked due to Willy fraud done by his employer. My question to you is whether still the Applicant comes under Cap exempt as he had not done any fraud only his Employer did, How the Applicant is responsible for the same.

          1. administrator
            Kumar

            No, it does not work like that. Well, you have a point, but in US immigration it does not work like that…H1B is technically an employer petition in the first place, so it does not matter….If your first H1B was revoked for fraud, you are not cap exempt anymore….Sad, but true !

  9. mayur yadav

    im currently in India , i have H1B stamped till SEP-2019, my visa Got Revoked some time back Almost a Year, What are Option for me now,can i opt for VISA Transfer with new Employer under Premium PRocessing..i also have B1 Stamped and valid , can i go on B1 and look for employer in US and get VISA transfer…what is best for me in current situation.

    1. administrator
      Kumar

      You can go for H1B transfer, if it was already stamped. You can find someone to transfer from India. B1 is not meant for that, it is for business meetings…Best thing is to approach any MNC and then file for transfer as you are cap exempt.

      1. mayur

        Thanks Kumar, my VISA is revoked because Employer with Drawn my Application,
        Q1)On Few Forum people were saying its revoked as im not CAP Exempt.and need to re enter Quota
        Q2) Do i need to ask for some paper from My employer regarding any paper which will assist in VISA transfer to new Employer, i have orignal I-797

        Q3) After VISA Expiry in SEP-2019,will i still be eligable for VISA transfer

        1. administrator
          Kumar

          1. Yes, it is slightly grey area, lately, USCIS has been questioning some of these approvals and cap exempt status. Worth a shot, if someone is willing to sponsor.
          2. Approval notice is good enough and your visa stamp in passport. Your visa stamp in passport indicates that you at least were given H1B status, that’s the reason I was telling, it is high possibility that you could be cap exempt. If there was no visa stamp, then it would have not been cap exempt.
          3. In general, yes… But, again, I would double check with an attorney.

  10. Max

    My employer revoke my H1-B and want to re-file my H1-B once new job offer comes through. The position is for Right to Hire and the client will be starting the process immediately. If client offer comes through can I start working for the client on receipt notice or they have to file “nunc pro tunc” and I need to wait for that approval .

  11. Nikhil Reddy

    Hi Saurabh,

    My employer A has sent a request for H1B withdrawal on March 5th, 2019. I believe it will be revoked automatically within next few days. I have a visa stamped with that H1B till Sep, 2021 and recently my transfer got approved from employer B. Is my visa sticker still valid and can I reenter US with the new approval?
    Please advise

    Nikhil

  12. tanisha

    I’m on H4 EAD. I got selected in the H1B lottery last week. But I’m also in the process of losing my job and will not be able to get it approved or stamped. Will I have to go through the H1B lottery again if a new employer files a petition for me?

  13. Anusha

    Hi, I got terminated at employer A and I-94 valid till 2021. In 60day grace period Transferred to Employer B in regular processing on receipt on day 30 within 60day period.Got a better offer from employer C after 60day grace period and filed a bridge petition from B to C in premium processing.
    Do I need to get B approval to go to C even if C approved first?

    1. administrator
      Kumar

      Well, technically you need the approval from B to be eligible for C…because, when you filed for C, you were outside of the 60 days grace period and technically did not had status…Please discuss with an attorney and confirm as it is a tricky situation.

  14. Meera

    Hi,

    My current employer (employer A) has filed for my h1b this year. However, I am planning to move out of the city and quit my employment with company A and move to a new city with company B. Company A is concerned about the h1b fees that it had paid for me. I have not received a petition number from USCIS/lawyer. Does it mean that my petition has not been processed yet? If it has not been processed, can my company recoup the USCIS filing fees if it withdraws the h1b petition immediately?

    Thanks!

  15. Swati

    Hi all,

    My current employer say company A had a reorganization and I was given two months notice to stay employed and leave on a certain date after two months. In between I found a new job with company B and they filed my h1 transfer while I was still working with company A and the h1 transfer was approved. Will there be any issue for me? My last working day is approaching and I will join company B soon after with my approved h1 transfer.

    1. administrator
      Kumar

      There will NOT be any issue. You filed for transfer before your lay off and your H1B is also approved. So, nothing to worry, you are all set !

  16. Sree

    Hi, My H1B extension got denied and traveled back to offshore in 2018, and returned to US on H4. Now If I resign my job with my employer,
    1) will I be able to reapply for H1B extension with Cap exempt with new employer later?
    2) And meanwhile, is there a chance for my current employer to revoke my H1B, not allowing to reapply for H1B extension with Cap exempt with new employer later.

    1. administrator
      Kumar

      1. As long as you had H1B once and it was approved, you are cap exempt. In your case, only extension was denied, but you had h1B approved at least once. So, you should be cap exempt.
      2. It does not matter as long as you worked on H1B and held H1B status even once.

  17. Jay

    Hi, employer transferred me offshore and started paying me in local currency to save cost but filed my H1b before moving me offshore. LaterI resigned while I was working in offshore after which they filed withdrawal of petition and it was revoked. are they laible to pay in US for the months they did not tell USCIS that they moved me out and until they withdrew the petition? -Jay

  18. Trups

    Hello Kumar,

    My employer revoked my H1B last week but I do have stamped visa till 2021. My new employer is already in process of filing my H1B. Can I start working as soon as I get receipt or I should wait until I get approval for H1B?

    Also, is that ok if I file multiple H1B from different employers?

    Can I also start process for change of status(e.g F1) as well simultaneously if in case my H1B will have query or any issues?

  19. NIKITA MEHTA

    I have one question regarding h1b petition .my company is filling h1b for me this year Say incase my h1b doesn’t get picked up in lottery this year is there any way it will affect my spouse’s h1B extension? Does that rejection affect his visa in any way? Looking forward for your reply. Thank You.

  20. Priya

    Hi Kumar,

    I had my h1-b approved until March 27th 2019 and recieved a Notice of Intent to Revoke in January which when submitted a response in February 2nd week got revoked last friday. What all options will I have now to stay back?

    1. administrator
      Kumar

      Priya,
      You may do change of status to another visa type. You should discuss with your attorney and make an informed decision as you are in a tricky situation.

    2. bala subramanyam

      Hi Priya
      kumar is right .iam in the same situation like you . first try to change the visa status which iam doing now to f1 . we will have some time .summer programs are starting in april 29th email me if you need any details [email protected]

  21. abhi

    Hi Kumar,

    I am in India and my H1 petition is approved in 2018 but H1 is not stamped. I want to resign from this company and want to join my wife(I140 Approved) on H4.

    If I resign, company will withdraw my H1 petition.

    For going from H4 to H1 in future, Can another company need to transfer my H1 or do I need to go through the lottery process again.

    I just want to utilize my H1 as don’t want to go through all process once again as my current employer is not willing to stamp my H1.

  22. Rihaz

    My visa expired on Feb 21st. My current employer filed extension on 18th and received FedEx confirmation on 19th. New employer filed a h1b transfer petition on 27th with a start date of Mar 11th, I resigned from current employer and will be joining new company on 18th of April. I will be out of status Will it be problem in future for the dates I worked here (Feb 21st – Mar 18th) if my current employer withdraws the extension petition. Also does USCIS refunds money if the petition is withdrawn before the decision is made.

    Thanks

    1. administrator
      Kumar

      If your I-94 has not expired and your H1B with new employer was filed before you quit your old employer, you are fine. If not, you are in a bridge situation and you need the petitions in the middle to be approved for the final petition approval in the chain. Read H1B 240 day grace period transfer

      1. rihaz

        Thanks for your reply, Yes new employer submitted the H1b transfer petition already and got the reciept. My last day with current employer is tomorrow. In case:
        1. If my current employer withdraws my extension petition after my last date, does the transfer petition also gets rejects automatically assuming I94 is still valid( what happens in this case if I94 is expired )
        2. Can I stay beyond I94 expiry date which is June 15, 2019 using the 240 days stay with reciept, with just the H1B transfer petition (the extension petition is withdrawn )?

  23. Mia

    Hi Saurabh,

    I’m in an awkward situation.
    When I found a new employer and preparing to file an H1B transfer for me, my current employer laid me off. They might revoke my current H1B any minutes, will this affect my new H1B petition?

    In this case, should I notify the new employer what happened, so they can file a new petition instead of transfer petition?

    Thank you in advance.
    Best,
    Mia

  24. Urgent:Need Help:Thanks in Advance

    I am in India and my H1 petition is approved but H1 is not stamped. I want to resign from this company and want to join my wife(I140 Approved) on H4.

    If I resign, company will withdraw my H1 petition.

    For going from H4 to H1 in future, Can another company need to transfer my H1 or do I need to go through the lottery process again.

    I just want to utilize my H1 as don’t want to go through all process once again as my current employer is not willing to stamp my H1.

  25. Imm

    I am h1b holder and filed for adjustment status, when my ead came I worked a week for uber and they paid me.

    I used my ead card by working for another employer (uber) as part time job , It seems legally I violated h1b rules(i am on h1b visa for 33 month) even I am still working for my h1b visa employer.

    so my h1b status is not valid anymore.

    I know thats fine until my i485 will be reject. after that i should leave us because i dont have status.

    in that case can i maintening again my h1 visa by extending them for another 3 years?
    Can i transfer to another employer to maintain the h1b?

  26. Kelli

    Hi, I have a similar situation. My previous employer sent USICS a withdrawal notice on Nov 19th, 2018 and my new employer applied for an H1B transfer on Nov 23rd, 2018. I have an H1B receipt and waiting for approval. Is it ok to change the client that I’m working thru my employer at this point ? My current employer says that I will not fall under the 60 days period quota since I’m already employed and it should be ok to apply for a new petition at this point.

  27. RK

    Hi Saurabh

    Currently I am working for a company based on H1B receipt & yet I am still waiting to get approval . However now I have offer from another company , can I join new company based on new receipt filed by new employer ?

    After joining new company on H1B receipt, would it affect in anyways if previous company decides to revoke the application or incase if it gets denied ? Please suggest/help .

    1. administrator
      Kumar

      You may, but provided the petition in the middle gets approved. It is essentially a situation of Bridge and having proper status and approval all through the bridge chain are important. You should discuss with your attorney and take informed decision.

  28. Akshay Pandey

    Hello,
    My name has been picked in 2018 lottery and on the US website it is showing that my case was received.
    Now due to personal reasons i don’t want to process my H1 visa any further. Is there any way that me or my employer can withdraw my petetion in this scenario??

  29. Ramesh

    My employer terminated the job on 08/26/2018. I came to know that I lost my job on 08/27/2018 through mail. They sent mail without informing me and several others from the company. My employer has not filed for withdraw of H1B yet. They said they can hold withdraw of H1B for 2-4 weeks so that i can find a new employer to transfer H1B. In this case, am i already out of status because they sent me written notice of termination of my employment? Do i have 60 days of grace period?

    Since my spouse is in F-1 status, I was thinking to change my status to F-2.

    What would be best option for me?

    Wait and find a new employer or file change of status to F-2 immidiately?

    1. administrator
      Kumar

      Ramesh,
      You get up to 60 day grace period from the day of your employment termination and it is USCIS discretion. Check USCIS New Rule from 2016
      If you have an employer willing to file for H1B, you can file for H1B. If you have no employer ready for H1B, then you may consider doing F2 COS.

      1. Ramesh

        I talked to my employer and they said they are not going to send withdraw notice to uscis at least not before December. but they are not going to run my paystub after October 31. So, what difference does it make in my status?

        1. administrator
          Kumar

          Ramesh,
          It does not really. In fact, they need to withdraw your petition, to properly indicated to USCIS that you are not employed anymore. So, it does not matter. plan accordingly based on 60 days grace period.

  30. Dr Feller

    I am a physician on an H1B Visa with the added stipulation of the J1-waiver. My employer is adding on additional job responsibilities that were not present at the time of my initial employment 1 year ago. I would like to look into leaving the country and go back to Canada to fulfil my 2 year home country requirement and then possibly returning. Will doing this put me Out of Status?

  31. Amit

    Hi,

    I am on H1b Visa and got impacted by a layoff in my company and my employment was terminated on April 30, 2018. So as of today (May 19), I am on a 60 day grace period. My questions are:
    1. Am I eligible for unemployment insurance in California?
    2. What are my options? should I go immediately to H4 visa (with my spouse H1B) or should I wait for the new prospective employer to transfer my H1b visa?
    3. I am in process of talking to a new employer who is interested and also plans to transfer H1B visa. So if the new employer files (e.g. on 25th may) and The transfer is not approved by June 30 (when my 60 day grace period ends) then will I still be considered out of status (as I already filed for H1b transfer and let’s say I have a filing receipt).

    Best Regards,
    Amit

  32. Kiran

    My employer has revoked my H1B petition and I received revocation email notification from USCIS on Feb 20, 2018. My I94 is valid till Sep 25, 2018. what is the grace period in this case. Can you please advice if I can transfer to new employer who can sponsor my Visa. If a new employer files a H1B transfer, can I start working at client location on receipt number (normal or premium processing). Could you please advice if 60 days grace period is applicable in this case.

  33. William

    Hi!

    I got my h1b in November and took a non paid vacation from 12/15-1/21. After I came back, I was on bench period and only send emails to my employer and discuss project stuff(without report to the office) till 1/29. On 1/29 they terminated my H1b. They refuse to pay me from 1/21-1/29, does it mean I lost my status from 12/15? Or the date should be 1/29 the date they filed me?

  34. Raj V

    Hi,
    My H1 visa got approved in September 2016. I went to India for stamping in feb-2017 and succefully done. But my employe notifies me in advance of withdrawal of my H1 visa in jun 2016. My h1 visa got revoked in July 2017.

    In this scenario, will I have 60 day grace period ? If answer is yes and still I don’t find any new employer who can transfer my H1B visa within this grace period, what should be my next step to stay in USA legally?

  35. karthiga

    Hi ,

    Any guidance on my H1B case will be very helpful ..

    My H1B petition got approved in 2016 june [2 years validity upto 2018 september] and my stamping was in pending stageduring november .

    Later now its got revoked in january 2017 .

    May I know still is it possible to do h1b transfer or filling new H1B in cap exempt is possible ?

    i am in india now ..please guide me on further steps…

    Regards,
    Karthiga

  36. COS_H1 and H4

    Hello Saurabh,

    I will truly appreciate any advice from your end on my current visa situation –

    I was on H1-B visa and my company laid me off in early-Feb 2017 without any notice. To avoid being out of status I applied for H4 visa in April 2017 along with H4 EAD work authorization. Approximately how long does USCIS take to provide approval in Change of Status to H4? I have already waited for close to 75 days now.

    Secondly, I recently received a job offer from an employer who is willing to file a new H1-B application for me. I wanted to know, if I am eligible to work on receiving the receipt number or should I wait for H1-B approval? Also am I required to leave the country for H1-B approval?

    Your advice on this matter will be greatly appreciated.

    Thank you.

  37. Raju

    Hi Saurab , My H1-B transfer is initiated before the “Intend to Revoke” notice to my old employer on my H1-B from USICS. will there be any impact on the new transfer with my new employer?
The transfer is initiated in Normal Processing and got RFE. I joined based on transfer receipt .Please throw some light here.

  38. karamvir singh

    What happens if my H1B petition is approved and my employer goes out of business before the start date (1st October).Is there any chance at all of doing an H1B transfer??
    I received the lottery receipt and am waiting for approval. The employer who filed my petition is in an unstable situation and might file bankruptcy before october. Can I transfer to another employer in such case?

    1. administrator
      Saurabh

      karamvir singh,

      If the petition is approved, you may still try to transfer to another employer by filing a cap-exempt petition. If the petition is not approved, then most likely employer will inform USCIS about their situation and withdraw the petition. That would be end of the petition for all purposes.

      1. karamvir singh

        Thanks.So I believe I’ll have to wait for the approval and then as soon as I get that, file for the transfer.

  39. H1b_grace

    After termination from the employer and once they revoke H1B , do I have 60 days grace period to stay in US and look for another job.

  40. Pallavi Sethi

    Hi Everyone,

    I need an urgent advice, my application went for Rfe and after few weeks I got a withdrawal notice status, wanted to ask if I have to go through H1b lottery process again or my case will I come under cap exempt for next year.

    Please respond.
    Thanks in advance.

  41. Ahmed Goni

    My H1b got approved also my status from OPT to H1B converted on October 7 and got cancel. But my employer wrote a letter to USCIS to revoke my H1B on 27th of September 2016. My H1B was approved for 1 year.

    So now my question is do I have to apply again for my H1B and it will go to lottery or I will get H1B without Lottery?

  42. vinay

    I had my H1b revoked by USICS after 6 months of Administrative process.
    What are my immediate steps that can help me to get back my H1b petition.

    1. vinay

      Hi Saurabh

      I had my H1b revoked by USICS after 6 months of Administrative process.
      What are my immediate steps that can help me to get back my H1b petition.

  43. Akhil

    Hi Saurabh,

    I got picked in lottery Apr 2016 and my H1 got approved on sep 2016. On Nov 7 2016 i went for H1B stamping in Hyderbad(INDIA) and got succesffuly stamped. But the bad news is that on DEC 1 2016 i got an email from USCIS that “we revoked the approval of your case, Receipt Number W*********, and mailed you a revocation notice.”

    Can you please help me on this?? Can I trasfer my H1B to different employer in this case. ??

    Thanks in Advance

        1. prema

          Saurab,
          The transfer is initiated before the revocation done. will there be any impact on the transfer now?
          The transfer is initiated in PP and got RFE. RFE response is done after the revocation of earlier petition.

          Please throw some light here.

          Prema

          1. Raghu

            Not to worry..u r good to go as your transfer initiated before revocation..ask your new employer to respond to RFE..good luck

  44. Lilac

    Hi saurabh,
    I got h1b visa stamped on 22 Dec 2015 and travelled to USA.
    On 20th July 2016 my contract over and employer revoked h1b on 27th July 2016.
    I came back to india on 29th july 2016.
    Now will I be cap exempt with new employer or not?
    As new employer telling that I have fair chances of getting h1b cap exempt, as it has been revoked in less than a years time.

  45. Suresh

    Hi Saurav,

    My H1b transfer approved on May 31st 2016 and joined new employer on June 1st 2016. Previous employer revoked H1B on Aug 2016. My visa stamping is done with previous employer. Now while travelling do I need to go for stamping again with new employer if old stamping is not expired yet?

  46. sree

    Hi Saurabh

    I worked for employer A till March 6th 2016 and on 7th March i received the transfer receipt and joined with my new employer. My old employer usually runs my payroll on March 15th and he refused to run payroll for the month of February citing reason i left the company before payroll is being run. He also threatened me saying he will revoke my H1B effective from 31st of January. I would like to understand whether a back dated revocation of visa is possible or not. My transfer with new employer is in RFE status. Old employer has revoked my H1B and uscis sent him approval on 16th of September 2016. please suggest what should be done in this situation.

    Best Regards
    Sree

    1. Jana

      I’m almost in the similar situation. If you got answer to your questions or if your problem is solved, please help me. I will be very thankful to you.

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