H1b queries

[usacanada2013]

Hi,
I am a PR of Canada and my husband has been working in USA for the past 7 years. His last company laid him off in the May,2013, and so we decided to move back to Canada , as I have to maintain my residency. When he left his company he was told that they wont report the immigration officials about his laid off, but they did. Now after having stayed in Canada for past 3 months, my husband has been looking for job in USA, which he found, but now the problem is that since his H1b is revoked he has to go through the whole process again, and we r worried as he has to also join his new company in 2 weeks time. My queries are as below

1) We have applied for his visiting visa to USA from Canada, will this have any impact from his H1b being revoked?
2) Company has already filed for his LCA, and so how long will it take to get H1b in premium processing?
3) My husbands H1b visa is also expiring on Oct 1, 2013, so can he get it stamped from Canada or does he has to go back to his home country or if he is able to enter USA before his visa expiration date will he still have to go out of the country for stamping?
4) Can he entry USA with his H1 receipt or not?

Hoping to get advice soon.

Regards

[Nattybone]

Hello,

I am not a professional, but here are my thoughts:

1) H1B revocation is not necessarily a negative thing - Your husband did not illegally stay in US and left. That is a positive. So, your husband having an H1 and leaving the US, is an indication that he does not intend to stay there illegally. If anything, this should be a positive.

2) H1B LCA in Premium Processing takes about 2-3 weeks.

3) Once your husband's fresh application is approved, and he goes to the consulate for a fresh H1B stamp, he will be given a new visa validity date. I am not sure if you can enter the US on the old visa (I think you cannot).

I am not a professional, these are my thoughts.

I hope this helps.

Cheers,

Hi,
I am a PR of Canada and my husband has been working in USA for the past 7 years. His last company laid him off in the May,2013, and so we decided to move back to Canada , as I have to maintain my residency. When he left his company he was told that they wont report the immigration officials about his laid off, but they did. Now after having stayed in Canada for past 3 months, my husband has been looking for job in USA, which he found, but now the problem is that since his H1b is revoked he has to go through the whole process again, and we r worried as he has to also join his new company in 2 weeks time. My queries are as below

1) We have applied for his visiting visa to USA from Canada, will this have any impact from his H1b being revoked?
2) Company has already filed for his LCA, and so how long will it take to get H1b in premium processing?
3) My husbands H1b visa is also expiring on Oct 1, 2013, so can he get it stamped from Canada or does he has to go back to his home country or if he is able to enter USA before his visa expiration date will he still have to go out of the country for stamping?
4) Can he entry USA with his H1 receipt or not?

Hoping to get advice soon.

Regards

- - - Updated - - -

Hello,

I am not a professional, but here are my thoughts:

1) H1B revocation is not necessarily a negative thing - Your husband did not illegally stay in US and left. That is a positive. So, your husband having an H1 and leaving the US, is an indication that he does not intend to stay there illegally. If anything, this should be a positive.

2) H1B LCA in Premium Processing takes about 2-3 weeks.

3) Once your husband's fresh application is approved, and he goes to the consulate for a fresh H1B stamp, he will be given a new visa validity date. I am not sure if you can enter the US on the old visa (I think you cannot).

Also, your husband is not a Canadian?

I am not a professional, these are my thoughts.

I hope this helps.

Cheers,

Hi,
I am a PR of Canada and my husband has been working in USA for the past 7 years. His last company laid him off in the May,2013, and so we decided to move back to Canada , as I have to maintain my residency. When he left his company he was told that they wont report the immigration officials about his laid off, but they did. Now after having stayed in Canada for past 3 months, my husband has been looking for job in USA, which he found, but now the problem is that since his H1b is revoked he has to go through the whole process again, and we r worried as he has to also join his new company in 2 weeks time. My queries are as below

1) We have applied for his visiting visa to USA from Canada, will this have any impact from his H1b being revoked?
2) Company has already filed for his LCA, and so how long will it take to get H1b in premium processing?
3) My husbands H1b visa is also expiring on Oct 1, 2013, so can he get it stamped from Canada or does he has to go back to his home country or if he is able to enter USA before his visa expiration date will he still have to go out of the country for stamping?
4) Can he entry USA with his H1 receipt or not?

Hoping to get advice soon.

Regards

[srinivas.reddyp]

H1B Status Unknown

Hello,

My employer applied for H1B, they shared me application number within few days stating that the application is thru in lottery. The status in the USCIS website for my application still shows "Inital Review", now my employer says the application is not thru in the lottery, They says that the selction process has changed for this year(fiscal year 2014).

What could be the issue with my applciation, Is there any way employer can withdraw the applicaiton? what else could be the possible options??

Thanks,
Srinivas