H1 Visa Revoke - Urgent Help!!!!

[devarajag]

Hi,

I'm in a strange situation:

Currently I don't have a project.

My current employer informed me that they are closing down the operations and for that they need to Revoke my H1 first.

I hardly have 3 days left from Revoking H1.

I spoke to prospective employers and they won't Transfer my Visa untill I my project gets finalized.

1. What happens if my current Employer revokes my H1?

2. How much time do I have from the revoking step to go to Home Country?

3. If a new prospective employer files for my H1 transfer after the Step#1 what kind of possiblities that I have for maintaining the valid Status?

4. What are different options that I have to maintain the status?

Please clarify above as soon as you can, I'm running out of time!!!!

Thanks a Ton!!!!

[txh1b]

On H1b, irrespective of a project, the law requires your employer to pay you. If not, complain to DOL on a WH4.

If you were not getting paid for sometime, you were out of status from when that started and any status changes within US is not a possibility anymore, not even a transfer.

1. You are out of status the day you stop getting paid on H1b.
2. The same day as per the law unless you have another job offer and a H1b transfer filed.
3. Before you fall out of status (assuming you were getting paid until now and maintaining H1b status), you can apply for a COS to B1/B2 and that will help you remain legal and look for jobs while the application is pending. If you find a job, you can PP that H1b and go for a CP in case it comes without an I-94.
4. Discussed in 3. Read the FAQs.

[devarajag]

Thank you so much for the quick response!!!!

Now I got clarity on H1 status.

This is the case of Employer going out of business and winding up the operations.

Can you please clarify the below as well?

1. If the current Employer revokes my H1 before I apply H1 transfer with another Employer, what would happen to my status?

2. In this case would H1 transfer be considered or denied?

3. I have the I-94 up to NOV'2009. Is this going to be a problem if I apply for Visa Transfer with another employer under normal conditions?


Please clarify.


Thank You!!

[txh1b]

I have already answered these.