Need Help: H1 B revocation after resignation from me

[shubhabel]

Hi,

Please help me. I am in a very critical situation.

My case is: I had got my H1B approved when I was a student and COS happened from F1 to H1. I am working for an employer and due to some health issues of my son in the cold place, I wanted to move to a different place. I got a project which had a rewuirement of permanant roles. So they asked me to transfer my visa. To transfer, the new employer asked me to get NOC from my current employer. I requested NOC and without my knowledge the new employer has updated my termination date to USCIS. As I did not get released from this project, I was compelled to work for the same project through same employer as a contractor. I intimated the employer that I am taking back my resignation in within 9 to 10 business days. I think they have not updated this to USCIS and now my H1 B is revoked on 19th march.

I have a new employer to sponsor my H1 (I do not know whether it is a transfer or new H1B). They are ready with all docs.

1. Could you please let me know what should I do now?

2. Should I write a letter to USCIS about what happened in my case and request them to issue me a H1B visa.

3. If I should a write a letter should I add it to the H1B documents which the employer is sending?

4. What are the chances of me getting the H1 B visa.

5. In my case, I do not have any problem to my job and this only happened with the gap in communication and not updating it to USCIS on time.

Could you please please please guide me how I should conduct myself?

[shervin143]

1. Could you please let me know what should I do now?
>>> It was a mistake to inform the employer that you are leaving them before initiating the H1B transfer process. Your stay is currently illegal in the country. You should leave immediately.

2. Should I write a letter to USCIS about what happened in my case and request them to issue me a H1B visa.
>>> You cannot do that. H1B is an employer's petition and not yours.

3. If I should a write a letter should I add it to the H1B documents which the employer is sending?
>>> Not going to work. Read the above answer.

4. What are the chances of me getting the H1 B visa.
>>> Visa and petition are two different things. If you are talking about H1B transfer, the chances are that your H1B transfer will get approved without a new I-94. In which case, you will need to leave the country and return back using the newly approved petition to get a new I-94 at the POE.

5. In my case, I do not have any problem to my job and this only happened with the gap in communication and not updating it to USCIS on time.
>>> If you are cuirrently working, then your empoyment is purely illegal. You cannot work without a valid work authorization from USCIS.

Could you please please please guide me how I should conduct myself?
>>> Here is the best option in your case. Leave the country immediately. Let any employer file a new H1B petition using the CAP from your previous H1B approval notice. Once the petition gets approved, enter U.S (you can use your old H1B visa if it remains valid) using the newly approved petition and start working for the employer who sponsored your H1B.

[onlineseek]

1. Could you please let me know what should I do now?
>>> It was a mistake to inform the employer that you are leaving them before initiating the H1B transfer process. Your stay is currently illegal in the country. You should leave immediately.

2. Should I write a letter to USCIS about what happened in my case and request them to issue me a H1B visa.
>>> You cannot do that. H1B is an employer's petition and not yours.

3. If I should a write a letter should I add it to the H1B documents which the employer is sending?
>>> Not going to work. Read the above answer.

4. What are the chances of me getting the H1 B visa.
>>> Visa and petition are two different things. If you are talking about H1B transfer, the chances are that your H1B transfer will get approved without a new I-94. In which case, you will need to leave the country and return back using the newly approved petition to get a new I-94 at the POE.

5. In my case, I do not have any problem to my job and this only happened with the gap in communication and not updating it to USCIS on time.
>>> If you are cuirrently working, then your empoyment is purely illegal. You cannot work without a valid work authorization from USCIS.

Could you please please please guide me how I should conduct myself?
>>> Here is the best option in your case. Leave the country immediately. Let any employer file a new H1B petition using the CAP from your previous H1B approval notice. Once the petition gets approved, enter U.S (you can use your old H1B visa if it remains valid) using the newly approved petition and start working for the employer who sponsored your H1B.

Hi,
I hold the valid H1B (i.e the expire date is May 2013) from my employer. However, I resigned them to persue my higher education. My employer has withdrawn my H1B based on my resignation. So what happens to my H1B in this case? If I want to join my employer or any new employer, will it be new H1B application? Will it again come under annual quota?

[shervin143]

A new H1B application need to be filed and approved for you to work for the same or any new employer. You can use the CAP from your prrevious H1B approval notice to file the petition. You don't yhave to go through the CAP again.

Hi,
I hold the valid H1B (i.e the expire date is May 2013) from my employer. However, I resigned them to persue my higher education. My employer has withdrawn my H1B based on my resignation. So what happens to my H1B in this case? If I want to join my employer or any new employer, will it be new H1B application? Will it again come under annual quota?