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H1B: Withdrawal vs Revocation

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  • H1B: Withdrawal vs Revocation

    I was on H1B and got terminated as my employer is closing the firm and is notifying USCIS about my termination. I have following questions:

    1) will my H1B be revoked or withdrawn? I read somewhere that if employer is going out of business USCIS revokes the H1B? what is the difference between withdrawal and revoke?

    2) if the H1B is revoked, and I find another employer in future, can the new employer apply for H1B transfer and will I be considered cap exempt? or I will have to go through H1B quota as my previous H1 was revoked due to employer going out of business.

    Thanks in advance for your help.

    NC

  • #2
    Originally posted by NSi View Post
    I was on H1B and got terminated as my employer is closing the firm and is notifying USCIS about my termination. I have following questions:

    1) will my H1B be revoked or withdrawn? I read somewhere that if employer is going out of business USCIS revokes the H1B? what is the difference between withdrawal and revoke?

    2) if the H1B is revoked, and I find another employer in future, can the new employer apply for H1B transfer and will I be considered cap exempt? or I will have to go through H1B quota as my previous H1 was revoked due to employer going out of business.

    Thanks in advance for your help.

    NC
    1. Your employer will file the withdrawal request post your termination.

    2. Yes, you will still be able to get your H1 transferred to a new employer being cap exempt.
    This is just my opinion, not a legal advice.

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