Urgent - My H1 got revoked

[nishanth12]

Thanks Priya,

I got layed off on July 1st and my new employer is applying for petition on August 5th, 35 days after i lost my job and 14 dyas after my H1 got revoked.
Is this fine?

[vabhi]

I got layed off on July 1st. My H1b/I-797 got revoked as of July 22nd (checked it on USCIS).
I found a new employer willing to transfer/apply for H1b/I-797 petition on August 5th in premium.(delay is because of documentation)
I have paystubs till July 15th. May also get one last pay on July 31st.
I also got my visa stamped in India last year and is valid till Aug 2018.

What are the chances for my new H1 petition to be approved or denied?
(provided all documents are in place)

dear nishanth,

i was in the same situation

1. did you clearly mentioned this to your new employer about lay off? if not please do it immediately it is most important, in case of RFE's ask your new employer to answer it immediately
2. in case of approval, there are chances of getting I797B (without I94) instead of I797A( with I94), in my case i got I797B (no I94), because H1B transfer happened after current Employer Revoked
3. I dont have valid visa, so i am back in india for visa stamping
4. In your case as you mentioned you have existing visa, even though you get I797B, you just need to go out of the country and enter on new I797 (if it is I797B), no stamping required.

these are important links i came through in my research when i was in same situation

https://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy

http://*********.com/h1b-revoked-wit...oh-my-options/

in case of no advance notification for lay off USCIS generally approves petitions to change from one employer to the next if the gap is 30 days or less

google this phrase for more info "USCIS generally approves petitions to change from one employer to the next if the gap is 30 days or less"

priya

[nishanth12]

dear nishanth,

i was in the same situation

1. did you clearly mentioned this to your new employer about lay off? if not please do it immediately it is most important, in case of RFE's ask your new employer to answer it immediately
2. in case of approval, there are chances of getting I797B (without I94) instead of I797A( with I94), in my case i got I797B (no I94), because H1B transfer happened after current Employer Revoked
3. I dont have valid visa, so i am back in india for visa stamping
4. In your case as you mentioned you have existing visa, even though you get I797B, you just need to go out of the country and enter on new I797 (if it is I797B), no stamping required.

these are important links i came through in my research when i was in same situation

https://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy

http://*********.com/h1b-revoked-wit...oh-my-options/

in case of no advance notification for lay off USCIS generally approves petitions to change from one employer to the next if the gap is 30 days or less

google this phrase for more info "USCIS generally approves petitions to change from one employer to the next if the gap is 30 days or less"

priya

Thanks Priya,

I got layed off on July 1st. Because of document preparation, my new employer is gonna file for H1 on Aug 5th, it will be 35 days since layoff and 14 days since my H1b got revoked.

Please suggest. Is this fine?

[nishanth12]

Any suggestions will be very appreciated. Plz help