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  • H1b visa revoked by employer-i did not know.

    Hi Everyone,
    Good Morning!

    I worked with employer A and my SOW with the client ended on June 30.
    My employer did my final settlement on July 22 without even notifying me .I came to know about it when I checked my paystub on August 15.
    I formally submitted my resignation letter to employer B on 26th of August.

    I joined the new employer B on 29th of August and I do have a project in hand and joined the client place on 12 Sept.
    Employer B filed for visa transfer within next week.
    Then employer B received an RFE for the visa transfer .That's when I came to know that my H1b was revoked by my employer A on August 2 itself.
    I came to know about it yesterday (Sept 15) from employer B-I was not intimated by anyone not the employer A or the legal team etc...

    I don't know what to do next ....
    or what is my fate now...

    In urgent need of advice...

    Thanks!!

  • #2
    Originally posted by siyasiya View Post
    Hi Everyone,
    Good Morning!

    I worked with employer A and my SOW with the client ended on June 30.
    My employer did my final settlement on July 22 without even notifying me .I came to know about it when I checked my paystub on August 15.
    I formally submitted my resignation letter to employer B on 26th of August.

    I joined the new employer B on 29th of August and I do have a project in hand and joined the client place on 12 Sept.
    Employer B filed for visa transfer within next week.
    Then employer B received an RFE for the visa transfer .That's when I came to know that my H1b was revoked by my employer A on August 2 itself.
    I came to know about it yesterday (Sept 15) from employer B-I was not intimated by anyone not the employer A or the legal team etc...

    I don't know what to do next ....
    or what is my fate now...

    In urgent need of advice...

    Thanks!!
    The mistake was joining B without getting the approval from USCIS. There is not much that can be done. I would say start planning for a backup plan to leave US and re enter using B's petition provided you have a valid visa.

    This is my opinion not legal advice

    Comment


    • #3
      "raghvi;467131" The mistake was joining B without getting the approval from USCIS. There is not much that can be done. I would say start planning for a backup plan to leave US and re enter using B's petition provided you have a valid visa.

      This is my opinion not legal advice[/QUOTE]


      Hi Raghvi..Thank you for the reply..

      I did not know about all this and my account manager of employer A kept posting me with other openings even on 26th of august. Even he didn't know about the revoke.

      So how does the employer B's petition work...I don't know how this exactly works ..will I have to apply for a new H1B again under the lottery system..

      Thanks!!

      Comment


      • #4
        [QUOTE=raghvi;467131"The mistake was joining B without getting the approval from USCIS. There is not much that can be done. I would say start planning for a backup plan to leave US and re enter using B's petition provided you have a valid visa.

        This is my opinion not legal advice[/QUOTE]


        Thank you for the reply..

        I did not know about all this and my account manager of employer A kept posting me with other openings even on 26th of august. Even he didn't know about the revoke.

        So how does the employer B's petition work...I don't know how this exactly works ..will I have to apply for a new H1B again under the lottery system..

        Thanks!!

        Comment


        • #5
          [QUOTE=raghvi;467131"The mistake was joining B without getting the approval from USCIS. There is not much that can be done. I would say start planning for a backup plan to leave US and re enter using B's petition provided you have a valid visa.

          This is my opinion not legal advice[/QUOTE]


          Thank you for the reply..

          I did not know about all this and my account manager of employer A kept posting me with other openings even on 26th of august. Even he didn't know about the revoke.

          So how does the employer B's petition work...I don't know how this exactly works ..will I have to apply for a new H1B again under the lottery system..

          Thanks!!

          Comment


          • #6
            Originally posted by siyasiya View Post
            Thank you for the reply..

            I did not know about all this and my account manager of employer A kept posting me with other openings even on 26th of august. Even he didn't know about the revoke.

            So how does the employer B's petition work...I don't know how this exactly works ..will I have to apply for a new H1B again under the lottery system..

            Thanks!!
            What is the RFE about?

            Comment


            • #7
              The RFE states that the candidate has been out of status starting August 2.
              My new employer B has filed for visa transfer on August 25

              Comment


              • #8
                Originally posted by siyasiya View Post
                The RFE states that the candidate has been out of status starting August 2.
                My new employer B has filed for visa transfer on August 25
                Technically RFE is correct. I would suggest employer asking to approve the petition as consular process. This will require you to leave US and re enter using a valdi visa, but showing B's petition at the port of entry. If you dotn have a valdi vis, you need to get a new one.

                This is my opinion not legal advice.

                Comment


                • #9
                  I have a valid visa upto April 2017 ,but since I did not move out of the country I do not have stamping on it.

                  Comment


                  • #10
                    Originally posted by siyasiya View Post
                    I have a valid visa upto April 2017 ,but since I did not move out of the country I do not have stamping on it.
                    Didnt understand that. Visa, petition are two different things. What you have in the passport is a visa. If it is expired/not stamped you would need to get a new one.

                    This is my opinion not legal advice.

                    Comment


                    • #11
                      As far as I understand -I have I-797 VALIDITY(H1B) till April 2017, but if my H1B is revoked then my validity has no use.

                      My new employer has filed the petition for H1b transfer and now I do not have a H1B that can be transferred. Does it mean that I have to go to my home country and then wait for the employer B to get a new H1b and only then enter the country with a new H1b .Do I need to go through the lottery procedure again.

                      I apologize for being ignorant or confused at this state of mind right now.

                      Comment


                      • #12
                        Originally posted by siyasiya View Post
                        As far as I understand -I have I-797 VALIDITY(H1B) till April 2017, but if my H1B is revoked then my validity has no use.

                        My new employer has filed the petition for H1b transfer and now I do not have a H1B that can be transferred. Does it mean that I have to go to my home country and then wait for the employer B to get a new H1b and only then enter the country with a new H1b .Do I need to go through the lottery procedure again.

                        I apologize for being ignorant or confused at this state of mind right now.
                        You are right. The approved I797 was valid only if you were working with the employer whose name was mentioned on it.

                        First B needs to get the petition approved, and if it is approved you will get a new I797, without a new I-94(which I assume would happen because you are out of status), then you need to leave US , schedule the visa interview, go to the US consulate and get yourself a new H1 visa (if not having a valid H1 one in the passport). And then use that visa and I797 to re enter US.

                        This is my opinion not legal advice.

                        Comment


                        • #13
                          Thank you so much for all the replies and the solutions that you gave me.
                          I'm lucky to have found a knowledgeable person to guide me.
                          I really appreciate your efforts to help me out with the queries.
                          Thank you again!!

                          Comment

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