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Old 05-07-2010, 07:32 PM
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Default H1B Termination & Revoke

Hi,

My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.

He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.

So far i am not able to find other employer who can transfer my H1, and still in US.

1) How many days I can stay after H1 termination

2) Is it possible to transfer H1 after the withdrawal process initiation.

3) How much time does INS take to withdraw the H1

4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.

Please let me know do I have any other options.

Thanks
Rajesh
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  #2 (permalink)  
Old 05-07-2010, 10:42 PM
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raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by Myvisa View Post
Hi,

My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.

He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.

So far i am not able to find other employer who can transfer my H1, and still in US.

1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.

Quote:
Originally Posted by Myvisa View Post
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
Quote:
Originally Posted by Myvisa View Post
3) How much time does INS take to withdraw the H1

4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Quote:
Originally Posted by Myvisa View Post
Please let me know do I have any other options.

Thanks
Rajesh
[quote=Myvisa;1808894]
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