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H1B withdrawal notice - what is my status now?
09-09-2009, 10:18 AM
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If you are in the process of applying for H1 through another employer, you may be safe. As with everything USCIS, H1 revocation takes couple of months before it is approved. So in the interim you may get your new H1 approved before the previous employer's revocation sails through.
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---------------------- "All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian." - Pat Paulsen 
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09-09-2009, 02:38 PM
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As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.
The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached. You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.
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09-10-2009, 12:52 PM
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The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B. You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
__________________
Elaine Martin Law Office of Elaine Martin Phone: (214) 329-4148 Toll-free phone: 1-866-318-8813 emartin@martinvisalaw.com www.martinvisalaw.com www.martinvisalaw.blogspot.com Dedicated exclusively to immigration law since 1997 This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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