URGENT - H1B Revoked - Questions on Transferring the H1

[karan99]

Hey Guys,
I have a situation with my H1 and need some opinions/help in figuring out what options I have urgently.

My Situation
1. I have been on a H1-B since October 2013
2. Was working for an employer on contract at a client location until they let me go all of a sudden because the project got over and applied for revocation of the H1B. They gave me a 3 hour notice before terminating my employment and sending the revocation letter. This was on April 30, 2014.
3. I was looking for a new job and another employer started filing for me and they messed up the process as a result of which the petition wasn't filed
4. Today I checked the USCIS website and see that my H1 B status has changed to revoked as of May 27th, 2014.
5. I have another employer who is willing to file a petition on Monday or Tuesday of the coming week in premium processing


My question is should I wait for the filing or should I leave for my country over this weekend. While I do understand that now its purely a case by case basis in my situation and I may get approved/denied/approved with consular processing is it worth waiting 3-4 more days for the new petition to be filed. I also understand that I am out of status because of not being paid on a H1 but would travelling today itself or over the weekend versus seeing what happens on Monday or Tuesday be worth it. I am hearing mixed opinions from a lot of people. Some are saying to leave and some are saying to wait back for a day or two because if the H1 Petition gets filed then technically I can legally be here until we get a decision and based on that I can take the next steps.

Any help on this would be appreciated as I am in a lot of confusion and need to figure out what to do . If anyone has been in a similar situation and would share their experience that would help as well.

Thank You.

[raghvi]

Hey Guys,
I have a situation with my H1 and need some opinions/help in figuring out what options I have urgently.

My Situation
1. I have been on a H1-B since October 2013
2. Was working for an employer on contract at a client location until they let me go all of a sudden because the project got over and applied for revocation of the H1B. They gave me a 3 hour notice before terminating my employment and sending the revocation letter. This was on April 30, 2014.
3. I was looking for a new job and another employer started filing for me and they messed up the process as a result of which the petition wasn't filed
4. Today I checked the USCIS website and see that my H1 B status has changed to revoked as of May 27th, 2014.
5. I have another employer who is willing to file a petition on Monday or Tuesday of the coming week in premium processing


My question is should I wait for the filing or should I leave for my country over this weekend. While I do understand that now its purely a case by case basis in my situation and I may get approved/denied/approved with consular processing is it worth waiting 3-4 more days for the new petition to be filed. I also understand that I am out of status because of not being paid on a H1 but would travelling today itself or over the weekend versus seeing what happens on Monday or Tuesday be worth it. I am hearing mixed opinions from a lot of people. Some are saying to leave and some are saying to wait back for a day or two because if the H1 Petition gets filed then technically I can legally be here until we get a decision and based on that I can take the next steps.

Any help on this would be appreciated as I am in a lot of confusion and need to figure out what to do . If anyone has been in a similar situation and would share their experience that would help as well.

Thank You.

Typically you should have asked the employer for a return ticket, and complained to DOL if they had refused.
For every day you are not paid while on H1, unless for valid medical reasons, one is considered out of status. When one is out of status it wouldn't be possible to do a transfer, or change to another status. Even if you file the transfer in future you should have valid pay stubs till then which you would not have. I would advise you leave and return after getting the next employer's H1 petition approved.

This is my opinion not legal advice.

[iamsatishv]

Hey Guys,
I have a situation with my H1 and need some opinions/help in figuring out what options I have urgently.

My Situation
1. I have been on a H1-B since October 2013
2. Was working for an employer on contract at a client location until they let me go all of a sudden because the project got over and applied for revocation of the H1B. They gave me a 3 hour notice before terminating my employment and sending the revocation letter. This was on April 30, 2014.
3. I was looking for a new job and another employer started filing for me and they messed up the process as a result of which the petition wasn't filed
4. Today I checked the USCIS website and see that my H1 B status has changed to revoked as of May 27th, 2014.
5. I have another employer who is willing to file a petition on Monday or Tuesday of the coming week in premium processing


My question is should I wait for the filing or should I leave for my country over this weekend. While I do understand that now its purely a case by case basis in my situation and I may get approved/denied/approved with consular processing is it worth waiting 3-4 more days for the new petition to be filed. I also understand that I am out of status because of not being paid on a H1 but would travelling today itself or over the weekend versus seeing what happens on Monday or Tuesday be worth it. I am hearing mixed opinions from a lot of people. Some are saying to leave and some are saying to wait back for a day or two because if the H1 Petition gets filed then technically I can legally be here until we get a decision and based on that I can take the next steps.

Any help on this would be appreciated as I am in a lot of confusion and need to figure out what to do . If anyone has been in a similar situation and would share their experience that would help as well.

Thank You.

HI Karan,

You shouldn't panic and realize that these things happen to many others as well.
You are technically out of status, since that your H1B has been revoked. Ask your new employers' legal/immigration department on further direction before you make any plans by yourself.
Since they are filing on Premium processing there should be a receipt in 3 days and a decision in 15 days.

There are good chances that they will advice you to go to home country (where the passport is originally from) and come back with a stamping, if you do not have one.
This will negate your out of status days which is a good thing in a sense.

PS: dont forget to ask for a return ticket fare from your previous employer.
Good luck!!!