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Question - URGENT and IMPORTANT - Travel with H1B on the day of revoking by employer

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  • Question - URGENT and IMPORTANT - Travel with H1B on the day of revoking by employer

    My friend is currently in India. He is suspecting that in a day his H1B could be revoked by his employer. He is flying to the US in 5 days, on July 5th.

    With in these 5 days, will the port of entry folks know that the H1B is revoked? In other words , after employer submits H1B revokal, in how many days will the H1B revokal be effective?

    Appreciate your immediate response. Very thankful to you. ????

  • #2
    Can he check with his employer before traveling if they are indeed revoking? I'm sure the CBP officers will cross check the I-797 validity before admitting him. Not sure why your friend wants to risk deportation at the port of entry.

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    • #3
      Revoking of an H1B means that the existing employer makes their intent to no longer support the H1 holder.
      The beneficiary may find another job and transfer H1 at a later date.
      Entering the US, knowing that the employer has terminated him (revoked petition - with no other job) constitutes to visa violations
      Opinion only. Cannot be construed as legal advice.

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      • #4
        R78 Visa.Seeker - Sorry for the delayed update. My friend was able to get through the port of entry without any problems. Though he was terminated, his petition was not revoked yet at the time of his travel. Appreciate both of you taking time to respond.

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