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Revocation on H1 visa if out of status

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  • Revocation on H1 visa if out of status

    Hi All,

    I am on H1-B visa and was working on a contract position through an employer company here. My project ended last week. My employer is looking out job for me, but no success yet in scheduling an interview.

    1) Can my employer revoke my H1, if I didn’t get the job soon? What is the official time period I have?
    2) If the employer revoked visa, Can I transfer it to another employer, after revoking?

    Please let me know, what options I have if revoke happened?

  • #2
    Originally posted by Appa View Post
    Hi All,

    I am on H1-B visa and was working on a contract position through an employer company here. My project ended last week. My employer is looking out job for me, but no success yet in scheduling an interview.

    1) Can my employer revoke my H1, if I didn’t get the job soon? What is the official time period I have? -- Yes, they can terminate you and withdraw the petition. But they must in that case pay for you ticket to home country. They must also pay you as per LCA as long as they don't terminate you.

    2) If the employer revoked visa, Can I transfer it to another employer, after revoking? -- The other employer must file the petition before your last day at work with the current employer. Only then you can continuously stay in the US. OTherwise the second employer can still file, but then you will have to leave the US and return.

    Please let me know, what options I have if revoke happened?
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks kabkaba !!

      I have few more questions here;

      1) Can I work with my earlier employer if my existing employer decides to revoke the visa?
      2) What is the official time for the employer has to revoke the visa? How many days I could be without project?

      Comment


      • #4
        Originally posted by Appa View Post
        Thanks kabkaba !!

        I have few more questions here;

        1) Can I work with my earlier employer if my existing employer decides to revoke the visa? --Only if previous employer still has a valid petition for you that they have not withdrawn.
        2) What is the official time for the employer has to revoke the visa? How many days I could be without project?
        -- Project or no, the employer needs to pay you as per LCA. If they cannot pay then they need to terminate you and then withdraw the petition. Even one day without getting properly paid makes you out of status.
        See above.
        This is my opinion and not legal advice.

        Comment

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