Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 Status-Urgent help.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 Status-Urgent help.

    Hi ,

    I have H1b valid thru 2010 september,I used only 6 months of my original H1b status period.Planning to go back to USA,When i check with my employer he said

    there has been a development recently. USCIS asked us to cancel all the H1s that are not currently employed with us. Unfortunately, yours was one of them. You no longer have H1 valid.

    Following are my Questions:

    1)Can i transfer my h1b from india itself.
    2)After cancelling the H1b ,how longer it is valid.What time frame i have it to transfer my h1b.

    Thanks,
    Raju komaturi

  • #2
    1)Can i transfer my h1b from india itself.
    >>> Yes.

    2)After cancelling the H1b ,how longer it is valid.What time frame i have it to transfer my h1b.
    >>> The petition is not valid any longer once it is cancelled. That means, you cannot work for that specific employer who revoked your H1B petition (unless he files a new petition and gets it approved). You can still transfer it to a different company by providing a copy of your approval notice (To prove that you are already CAP counted).
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin,

      Is this following statement is true from my employer:

      there has been a development recently. USCIS asked us to cancel all the H1s that are not currently employed with us. Unfortunately, yours was one of them. You no longer have H1 valid.

      How can i check my validity?,How much period i have to transfer my h1 to another employer.
      Thanks,
      Rk

      Comment


      • #4
        Answers below.

        Originally posted by kraju_82 View Post
        Hi Shervin,

        Is this following statement is true from my employer:

        there has been a development recently. USCIS asked us to cancel all the H1s that are not currently employed with us. Unfortunately, yours was one of them. You no longer have H1 valid.

        >>> Very much possible. If your empolyer says that he has cancelled your H1B, then there is nothing you could do (They gain nothing by telling you that the H1B petition is revoked when actually it wasn't.). Like mentioned earlier, you just can't work for that employer. You can still file a transfer and work for any other employer, even if the existing petition has been revoked.

        How can i check my validity?,

        >>> You can check the case status in the USCIS web site. However, sometimes the online status won't be accurate.

        How much period i have to transfer my h1 to another employer.

        >>> You can do it any time.

        Thanks,
        Rk
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          As per first answer ,Is it USCIS request the employer to cancel the H1b?

          Comment


          • #6
            No one would really know whether the USCIS requested them to revoke the H1B or not. But they have all the rights to do that and there are chances that they might have. As per general rule, if an employee quits the job, the employer must revoke the H1B (Although it is not strictly followed).

            I am not sure what you will gain by knowing whether USCIS requested it or not.


            Originally posted by kraju_82 View Post
            As per first answer ,Is it USCIS request the employer to cancel the H1b?
            Last edited by shervin143; 01-05-2010, 02:26 PM.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi Shervin,

              I got following message from my employer:

              Your H1 is already cancelled, since USCIS is very strict on it these days, and they asked us to cancel all the unused H1s who are not on our payroll.

              You cannot transfer your H1 anymore, as you donot have a valid H1 at this time. You will have to file a new h1 now with any employer who is willing to file a new H1B

              Currently i am in india,As per above message i can't transfer my h1b to new employer?

              Thanks,
              RK

              Comment


              • #8
                Yes. What your employer told you is right.
                File for new H1.

                Comment


                • #9
                  This is what you need to know. H1B in total is for 6 years. So if you haven't used all 6 years in your current H1B, you can still use the remaining period even if the current H1B petition is revoked (Without having to go through the lottery). So find a new employer and ask them to file a new CAP exempt H1B on your behalf (Provide them a copy of your existing H1B approval notice). When that gets approved, go for stamping (If you don't already have a valid H1B visa in your passport) and travel to U.S with all the required documents from the new employer and start working for them.

                  Originally posted by kraju_82 View Post
                  Hi Shervin,

                  I got following message from my employer:

                  Your H1 is already cancelled, since USCIS is very strict on it these days, and they asked us to cancel all the unused H1s who are not on our payroll.

                  You cannot transfer your H1 anymore, as you donot have a valid H1 at this time. You will have to file a new h1 now with any employer who is willing to file a new H1B

                  Currently i am in india,As per above message i can't transfer my h1b to new employer?

                  Thanks,
                  RK
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment

                  {{modal[0].title}}

                  X

                  {{modal[0].content}}

                  {{promo.content}}

                  Working...
                  X