h1 REVOKED,Wt are the options i have

[lavanyareddy11]

Hi,

I was on OPT, I got my H1 approved which starts from OCT 1 st, but I lost my job before oct 1 st and My employer sent an application for H1 B revocation starting OCT 1 st. In the mean time I found some other employer who agreed to file the H1B application as soon as I find some project.
Right now my situation is, I don’t have any application with INS for processing.
1. Can I apply for change of status from H1 to F1 ,
2. Do I have 60 days period to find a new employer ( even if the previous H1B revocation gets approved before that)
3. What is my status right now?
4. What is best option to do right now?
If anybody can help me regarding this i would really appreciate that.

[thomachan72]

Originally Posted by lavanyareddy11

Hi,

I was on OPT, I got my H1 approved which starts from OCT 1 st, but I lost my job before oct 1 st and My employer sent an application for H1 B revocation starting OCT 1 st. In the mean time I found some other employer who agreed to file the H1B application as soon as I find some project.
Right now my situation is, I don’t have any application with INS for processing.
1. Can I apply for change of status from H1 to F1 ,
2. Do I have 60 days period to find a new employer ( even if the previous H1B revocation gets approved before that)
3. What is my status right now?
4. What is best option to do right now?
If anybody can help me regarding this i would really appreciate that.

Its now 30 days since you are out of status. you might find it difficult to change either to F1 or B1/B2. The best option is to depart without much delay and get new H1 from the new employer to reenter later.
You could however take a risky shot at trying to change to B1 or even F1. 30 days might be risky though.
Best of luck and hope things work out. You are not alone there are many who are in even more desperate situations. Many are with mortgages and other loans etc.

[uma001]

Originally Posted by thomachan72

Its now 30 days since you are out of status. you might find it difficult to change either to F1 or B1/B2. The best option is to depart without much delay and get new H1 from the new employer to reenter later.
You could however take a risky shot at trying to change to B1 or even F1. 30 days might be risky though.
Best of luck and hope things work out. You are not alone there are many who are in even more desperate situations. Many are with mortgages and other loans etc.

What do you mean by 'Many are with mortgages and other loans'?

[va_dude]

I hope you realize that to transfer to an F1 visa you need to prove that you are going to be a full-time student and that some school (university) has offered you admission.

I think you would need the school to give you an I-20 form for you to seek an F1 visa and if i'm not mistaken you are required to take courses that a full-time student would.

Its been a long time since i've been on an F1, so some rules might have changed. So consult a good attorney at the earliest.

[wandmaker]

Originally Posted by lavanyareddy11

Hi,

I was on OPT, I got my H1 approved which starts from OCT 1 st, but I lost my job before oct 1 st and My employer sent an application for H1 B revocation starting OCT 1 st. In the mean time I found some other employer who agreed to file the H1B application as soon as I find some project.
Right now my situation is, I don’t have any application with INS for processing.

Typical consulting firm, takes you on board only when you generate revenue for them.

Originally Posted by lavanyareddy11

1. Can I apply for change of status from H1 to F1 ,

You are out of status, you can not change the status to H1 or B1

Originally Posted by lavanyareddy11

2. Do I have 60 days period to find a new employer ( even if the previous H1B revocation gets approved before that)

There is no such thing called "Grace Period" once you enter the circle of H1B.

Originally Posted by lavanyareddy11

3. What is my status right now?

You are H1 effective Oct 1st, but you are out status, which prevents you from changing you to other visa.

Originally Posted by lavanyareddy11

4. What is best option to do right now?
If anybody can help me regarding this i would really appreciate that.

Ask your employer to sponsor H1 (no COS to H1), get it stamped and come back. The risk is "as soon as you find a project". What ever you do think twice before making a decision.