H1 Revoked and chances of H1 Transfer.

[Madhan82]

Hi,

I worked for a consulting company A ( client is xyz ) for 3 years beginning Feb, 2010. All 3 years the client was same and there was no gap in between projects. The contract with the client ended on 02/01/2013. Two weeks prior to that my employer 'A' called me and said he is not going to help me find another project after that and if I find it on my own within 2 weeks after the contract ends, he might consider keeping me as an employee and further to that he sent me an email stating that my employment with them ends on 02/01/2013. I was able to find another job within a week with company B, but their H1 transfer process takes little more time than anticipated. In the mean time employer A filed for H1 revocation on 02/22/2013 and unfortunately it was approved by 02/27/2013 (in the forums people say it may take weeks to process, but in my case it happened in few days). Employer B is still in the process of pre-employment screening and the I9 form I filled seem to mismatch with the records in DHS (it appears that I94 I filled was revoked, but not sure). The anticipated start date with company B is 03/25/2013. My initial H1 start date was from 10/01/2011 and expires on 09/30/2014. Prior to that I was working on F1-OPT. Please advise me on various options I have and steps I have to take to get through this stressful moments.

Thanks,

[kabkaba]

You go out of status on the last day of work. It makes no difference when the employer sends the petition withdrawal and whether USCIS accepts it. Any petition filed after last day of work will not be approved with extension of status. Your employer is required by law to pay for your ticket to home country.

Moreover, you are not allowed to work for B unless you have the at least receipt for their petition in hand and in your case since the receipt date will be long after your last day of work, you are not allowed to work before approval with extension of status.

You will have to leave the US and return with B's approved petition to start working for B. You can use the same existing Visa in your passport (if not expired) with the new petition.

[Madhan82]

You go out of status on the last day of work. It makes no difference when the employer sends the petition withdrawal and whether USCIS accepts it. Any petition filed after last day of work will not be approved with extension of status. Your employer is required by law to pay for your ticket to home country.

Moreover, you are not allowed to work for B unless you have the at least receipt for their petition in hand and in your case since the receipt date will be long after your last day of work, you are not allowed to work before approval with extension of status.

You will have to leave the US and return with B's approved petition to start working for B. You can use the same existing Visa in your passport (if not expired) with the new petition.

Thanks for your reply ! I've got couple more questions.

1. Since my previous petition for H1 was revoked (Visa date is valid until 30-sep-2014), would employer B be able to transfer it or do they have to file for a new H1 under 2014 CAP ? If they file for new H1, when can I start working again ? Does it have to be from 1st Oct or as soon as the H1 was approved ?

2. Also, since I'm out of status, how long can I stay in the country and will that create any problem ? If I have to get a new I94 with approved H1, is it enough if I alone travel and come back to get it or do I have to take my family with me (My wife is on H4)

Please advise !

[kabkaba]

Thanks for your reply ! I've got couple more questions.

1. Since my previous petition for H1 was revoked (Visa date is valid until 30-sep-2014), would employer B be able to transfer it or do they have to file for a new H1 under 2014 CAP ? If they file for new H1, when can I start working again ? Does it have to be from 1st Oct or as soon as the H1 was approved ?

-- B can certainly get a cap-exempt petition for you with immediate start date. But since you are out of status, the petition will very likely not be approved with a new I-94.

2. Also, since I'm out of status, how long can I stay in the country and will that create any problem ? If I have to get a new I94 with approved H1, is it enough if I alone travel and come back to get it or do I have to take my family with me (My wife is on H4)
-- If your original employer's I-94 is not expired, you are not illegal, just out of status. Since your dependent's status is tied to your status they are also out of status. Although I am not sure if they also need to travel and return. Consult with B's attorney on how they plan to file the petition.

Please advise !

See above.

[Madhan82]

Dear Kabkaba, thanks for your advise. I will consult with B's attorney and post the status on this forum.

[Madhan82]

Dear Kabkaba, thanks for your advise. I will consult with B's attorney and post the status on this forum.

I did checked with company B's attorney and found that there is no problem in filing for EOS at this point and it is upto USCIS to decide whether to issue a new I94 upon approval or might ask me to pick up visa overseas (US Consultate) before beginning to work ( safer and suggested because this will not create any problem down the line when processing GC). Will provide an update when something happens!

[myagappan]

H1 Revoked and chances of H1 Transfer.

My current H1 visa is revoked on Feb 17, 2015 by Employer A. Employer B filed my I-140 now because the PERM is approved already. I got new contract job now. Can the Employer B or any new employer apply for H1 petition (I have 10 months left in the H1 cap) because almost 5 months I was "out of status". If any new employer apply for new H1, will that be approved by USCIS. Please advice me ASAP.

[nishanth12]

My current H1 visa is revoked on Feb 17, 2015 by Employer A. Employer B filed my I-140 now because the PERM is approved already. I got new contract job now. Can the Employer B or any new employer apply for H1 petition (I have 10 months left in the H1 cap) because almost 5 months I was "out of status". If any new employer apply for new H1, will that be approved by USCIS. Please advice me ASAP.

Hi, I am in the same situation myself. My H1 got revoked July 1st 2016. My new employer is filing for new H1 on August 5th 2016.
Which makes me 'out of status for 50 days'. But i have my visa till Aug 2018, it is also stamped.

Please tell me what happened in your case.

[disneyparks16]

out of status

See above.

Hi Kabkaba,

You said that he will be not illegal, just out of status. So when a new company files for H1 transfer, is being Out-of-status risky? Would that raise a flag when USCIS process the petition? Is there any way to mitigate the risk by switching to another visa until the new H1 petition is filed?

Please let me know what you think.

Thanks,
Nick

[raghvi]

Hi Kabkaba,

You said that he will be not illegal, just out of status. So when a new company files for H1 transfer, is being Out-of-status risky? Would that raise a flag when USCIS process the petition? Is there any way to mitigate the risk by switching to another visa until the new H1 petition is filed?

Please let me know what you think.

Thanks,
Nick

If one is out of status one cannot change status to another visa, and a future H1 petition by another employer will be approved as consular process. What it effectively means that oen needs to leave US and return on a valid visa and petition(in case of H1) in order to get back to status.

This is my opinion not legal advice.