Questions on revoking H1B status

[Shikha1234]

Here is the situation -

I got H1B after COS from H4 to H1 but the contract with the client got cancelled. My employer will soon revoke the H1B as per him, with a back date saying that the contract did not go through. My questions are

a) He has to send a mail to revoke this. Will I come back to H4 status as soon as the mail is sent from the employer's end? Or will I get some kind of receipt notice and H1B will be voided only after that receipt?
b) I might get another opportunity; which could be quite promising; but will get to know about it in about 10 business days. How much time I can wait before we can send the revoke notice?
c) What if I get a confirmed opportunity after the revoke notice is sent? Does the employer then again need to do a COS from H4 to H1B?
d) The I-797 approval notice which I have received for the COS approval, will that be invalid after the H1B is revoked/reinstated? Or do I need to show this approval notice for my future COS petitions?
d) I am thinking to go back to India and come back on H4 in case nothing works out. Do I need to wait for some kind of processing from the employer before I can go?
e) The employer is also asking for the H1B cost he paid. I had paid the premium processing cost and the attorney fee and have not signed any such contract. I believe it is illegal for him to ask me to give him the whole H1B cost. What can I do in such a scenario?
f) Is there is something I can do from my end to go back to my previous status H4 and make this H1B void/invalid; since the contract did not go through?

Lots of doubts Thank you so much in advance!

[Shikha1234]

Shervin or someone from immihelp team, can you please respond to the above queries? Thanks!

[shervin143]

a) He has to send a mail to revoke this. Will I come back to H4 status as soon as the mail is sent from the employer's end? Or will I get some kind of receipt notice and H1B will be voided only after that receipt?
>>> You won't automatically fall back to H4 status when the H1B gets revoked. You need to file a COS from H1B to H4. But in order for the COS from H1B to H4 to get approved, you need to have payslip for the period that you were on H1B. If not, you are considered out of status on H1B and the COS will be denied. When did your H1B get effective? Irrespective of whether the employer had a project or not, they are supposed to pay you as per the approved LCA from the H1B effective date until the date they send the withdrawal notice to USCIS. If not, you can complaint to DOL and make the employer pay. If you file a COS from H1B to H4 with a cop of the complaint to DOL, USCIS will consider your COS even without payslips. Check the below links.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

b) I might get another opportunity; which could be quite promising; but will get to know about it in about 10 business days. How much time I can wait before we can send the revoke notice?
>>> You can wait as long as possible. But to transfer your H1B or to file a COS from H1B to H4, you need to be in valid H1B status. For which you need payslips.
c) What if I get a confirmed opportunity after the revoke notice is sent? Does the employer then again need to do a COS from H4 to H1B?
>>> Before the current employer revokes your petition, you first of all need to leave the country or file a COS from H1B to H4. If you get another opportunity when the COS from H1B to h4 is under progress, then the new employer will need to file a COS from H4 to H1B based on the pending petition. This will complicate things as the last action rule will play a big factor. Search and read about the last action rule. Your status will be as per the last petition that gets effective.

d) The I-797 approval notice which I have received for the COS approval, will that be invalid after the H1B is revoked/reinstated?
>>> That won't be valid. That is what is getting revoked.

Or do I need to show this approval notice for my future COS petitions?
>>> Yes, you need to provide your new employer a copy of your previous approval notice.

d) I am thinking to go back to India and come back on H4 in case nothing works out. Do I need to wait for some kind of processing from the employer before I can go?
>>> No. If you are out of status, then you should do that immediately to avoid accumulating more out of status period.

e) The employer is also asking for the H1B cost he paid. I had paid the premium processing cost and the attorney fee and have not signed any such contract. I believe it is illegal for him to ask me to give him the whole H1B cost. What can I do in such a scenario?
>>> It is illegal for the H1B sponsor to ask the employee to pay the H1B filing fee. You can file a complaint with DOL if you have proper evidence to prove that.

f) Is there is something I can do from my end to go back to my previous status H4 and make this H1B void/invalid; since the contract did not go through?
>>> You cannot void the existing H1B which was approved. Only the employer can revoke it. Until the time it is revoked, you should be getting paid to maintain the H1B status. To get back to H4, you have only one option when you are out of status. Which is leaving the country and re-entering using H4 visa. Filing a COS from H1B to H4 or filing a H1B transfer will not work when you are out of status.

[Shikha1234]

Thank you so much for your response. Really appreciate it! My H1B got approved on 11/17/15
One last follow up question - If I leave for India in the next 2 weeks and come back on H4 status, do I still need payslips from the employer from 11/17 till the time he sends a revoke notice? If I do not get the payslips for this short period and come back on H4 stamped visa, will it cause problem with the future COS to H1B?

[shervin143]

If you are able to return back on H4 visa, then while filing a COS from H4 to H1B later, you do not need any pay slips. However, you will still be considered to be out of status for the period you were on h1B, without payslips.

Thank you so much for your response. Really appreciate it! My H1B got approved on 11/17/15
One last follow up question - If I leave for India in the next 2 weeks and come back on H4 status, do I still need payslips from the employer from 11/17 till the time he sends a revoke notice? If I do not get the payslips for this short period and come back on H4 stamped visa, will it cause problem with the future COS to H1B?