A: It would be advisable to use your EAD to secure alternate employment as you can start work immediately without having your new employer file an H-1B petition, and if you are unable to find new employment quickly, you will remain in legal status. However, as long as you remain in valid H-1B status, you can choose to have your new employer file an H-1B petition on your behalf. As soon as the new employer submits an H-1B petition on your behalf, you can begin working for your new employer.

A: H1 worker must get the same benefits as US workers, in terms of severance package, health insurance continuation at employee's expense (COBRA) etc. Even though your employer must pay for return flight expenses for you and your dependents. This does not happen often as most H1 workers find another job with new employer in the US. By the way, if your employer gives you air tickets to go back to your home country, and if you find another job, you can't cash that air ticket or try to buy 'Air Ticket Protection' insurance to cash that ticket.

A: H1 worker must be working for the petition employer and getting paid full salary as per mentioned in LCA to maintain H1 status. You have been out of status for last 3 months.

A: When your employer sends the notice to USCIS to revoke your petition, USCIS takes months to act on it. However, that does not mean that your employer is obligated to pay you until then. Your employer is required to pay only as long as there is employment relationship, that is until you are terminated. Therefore, they have to only pay you until the last day of your work. Of course, if your company has any other policy such as notice period, severance pay etc, they may have to pay you for that.

A: By law, your current employer is required to pay your full salary (as mentioned on LCA) irrespective of whether he has any work for you. You should write a letter to your employer demanding your salary. When your new employer files a petition for the H1 transfer, they should include the letter that you wrote to your current employer demanding your salary. This will maximize your chances that USCIS allow you to change employers without leaving the U.S.. If USCIS denies this request and grants your new H1 petition, you are not required to have a new H1 visa stamp. You can go out of the U.S. and come back to the U.S. with a valid H1 visa from your previous employer and original I-797 Notice of Action showing the approval to work for the new employer.

A: You are considered out of status from the day you stop working for your employer. However, when you find a new employer and they file a new H-1B petition for you, you will have to show your recent pay stubs. Therefore, it may still be possible to extend or change status during the period you are receiving severance payments. Also, please note that, many times, USCIS overlooks brief gaps in pay stubs, but that is not always guaranteed.

A: As the company that applied for your H1 visa can not allow you to join, they don't have a job to fill. Your H1B status is no longer valid and you should file form I-539 Change of Non-immigrant Status to change your status back to H4.

A: You can report your employer violations of the H-1B program directly to the Department of Labor's Employment Standards Administration (ESA).
Filing an employer complaint

A: Unless you are actively employed and being paid your full salary as mentioned in the LCA, you are considered out of status. Such employment without pay does not mean anything and would not help you in any way. When your new employer applies for an H-1B petition, you will have to provide your recent pay stubs and as you are not getting paid, you would not be able to produce them and that would cause problems for you. Even if your new petition is approved, you may be asked to go to the consulate in your home country for visa stamping before being allowed to work for the new employer. And the consulate may or may not stamp your visa, depending upon the circumstances.

A: If you are terminated, there is no grace period. Some people and some attorneys claim there is a 10 day grace period rule. That is not true. The so-called "10 day rule" only applies to the validity of H-1B workers before and after the petition begins and ends. It is not applicable regarding how long H1B worker is allowed to stay in the US while searching for a new job. It is better that you file for a change of status to something like B2 (visitor) or B1(business) visa until you find a new job. You can change back to H1 status once you find a new job and your employer files a new petition for you.

A: Not necessarily. It depends upon lot of factors.

A: When the employer sends the notice to revoke a particular H-1B petition, USCIS typically takes months to process that request. Therefore, the revocation of the H-1B may not show up in their system for months. However, that is how it is practically done and is not an official policy. Therefore, as soon as your employment is terminated with an employer, if some other employer has not already filed a petition on your behalf (or if you have not filed an application to change your status to some other nonimmigrant status), you should try to find the job with another employer as soon as possible and have them file your H-1B petition. You should attach your current pay stubs to the new petition. If you didn't continuously maintain your status, after your H-1B petition is approved, you may not get a new Form I-94 authorizing additional stay, but you may be asked to go back to your home country for visa stamping. After that visa is stamped, when you enter the U.S. again, you will get a new Form I-94 at the port of entry.

A: Yes, you are allowed to return to work for employer A who has a "dormant" H1B petition. However, as employer A didn't revoke the petition, the Department of Labor may take the position that you were never terminated and your employer may be asked to pay the back wages while you were not employed for the duration in between. Your employer should consult an attorney who specializes both in immigration as well as in labor law.

A: It is best not to have multiple applications pending in parallel. As long as you are eligible for more time on H-1B, you can change it back from other status such as B-2, H-4 back to H-1B. You will not be subject to the H-1B cap again, simply because you earlier requested to change to some other status like H-4.

A: Yes. If both you and your spouse are on H-1B or L-1 visa, change your status to your spouse's dependent status such as H-4 or L-2. In case you would like to study further, you may want to change the status to F-1 (student status). If any of these options are not available to you, you may want to change to tourist status (B-2).