Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation
Click to log in with Facebook
Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 12-05-2010, 01:59 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 2
H1BAlien is on a distinguished road
Default Out of status, I140 approved, H1 revoked by employer

I was laid off 12 Nov. I have a I140 approved. My employer filed for revoking my I140 on 12th itself. On 30th I got a notice from USCIS saying my case for revoking was under consideration.

Now I got another job and they will be applying for H1B transfer. Although it has been only 3 weeks, the LCA will take a week after which they H1B will be applied.

What will happen next? Will I get a H1 without having to leave the country? Or is it possible that I will have to leave?

I have family... Will they have to leave the country as well?

Since the new company has asked me to start as soon as we get the receipt, will I be able to do that? What would be the implications if they ask me to leave the country and come back in?

I got an extension on my H1b as my 6 yrs will expire in 1.5 yrs. Will my new H1 be valid till the extension or will I get only for a shorter period?

Thanks for all your answers! I am really nervous as the law is quiet on these things and that makes it anyone's guess.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 12-05-2010, 02:48 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
02/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/27/2007
Compare
Join Date: Jan 2006
Posts: 214
sanjay02 has a spectacular aura about sanjay02 has a spectacular aura about
Default

Sorry to hear your situation. If you dont mind me asking which company were you working when they laid you off? I see lot of this happening in Bay area companies especially the ones dealing in Banking and Finance, are you from Etrade? A friend of mine is also in a similar situation as you.

When you say that you have got a new H1-B is it a full time job in a company or with a staffing consulting company? You can PM( private message ) me if you are comfortable giving me answers there.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 12-05-2010, 03:03 AM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 330
ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute
Default

It is not clear from your post what is being revoked - H1 or I140.

The H1 approval stays valid thru the end date on the I797 regardless of whether the I140 was revoked or approved. You can also transfer H1 to another employer, and remain in H1 status. What is the current petition expiry date on the I797?
__________________
This is not legal advice
Total Contributions to date:: over $750
PD Oct 2006/EB2/India
I140 approval Oct 2006
I485 filed Jul 2 07
I485 approved on Jul 25 2011
Received green cards on Jul 28 2011
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 12-05-2010, 09:09 AM
SGP SGP is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/06/2013
Compare
Join Date: May 2010
Posts: 824
SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute
Default

Quote:
Originally Posted by H1BAlien View Post
I was laid off 12 Nov. I have a I140 approved. My employer filed for revoking my I140 on 12th itself. On 30th I got a notice from USCIS saying my case for revoking was under consideration.

Now I got another job and they will be applying for H1B transfer. Although it has been only 3 weeks, the LCA will take a week after which they H1B will be applied.

What will happen next? Will I get a H1 without having to leave the country? Or is it possible that I will have to leave?

I have family... Will they have to leave the country as well?

Since the new company has asked me to start as soon as we get the receipt, will I be able to do that? What would be the implications if they ask me to leave the country and come back in?

I got an extension on my H1b as my 6 yrs will expire in 1.5 yrs. Will my new H1 be valid till the extension or will I get only for a shorter period?

Thanks for all your answers! I am really nervous as the law is quiet on these things and that makes it anyone's guess.
Very sorry to hear of your situation. Your current employer cannot revoke your approved I140. It can only be revoked by USCIS only if they find that the I140 was obtained fraudulently. There are many threads on this website pertaining to this. I have also personally met a few attorneys and they have confirmed that the employer cannot revoke approved I140. So rest assured for this.

For H1B cancellation : I am surprised that USCIS has acted on this so quickly. I was given to understand that it takes for USCIS upto at least 5 to 6 months before they take any action on H1B cancellations.

Leaving the country : If you have got a new employer who has already filed for your New H1B even after 3 weeks of you getting laid off, neither your family or you have to leave the country. However your old company has to pay you your return airfare to your home country.

Start Date with new company : Your new company is correct. You can start with them as soon as you have a receipt date from USCIS.

H1B Extension : Since you have an approved I140, the extension will be for 3 years (Not for 1.5 years). Hope you have a copy of your approved I140. This will have to be provided to USCIS at the time of filing the H1B transfer.

Good Luck.
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13

Last edited by SGP; 12-05-2010 at 09:11 AM.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 12-05-2010, 03:15 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 2
H1BAlien is on a distinguished road
Default H1b revoked not I140

Thanks for all your answers. Very encouraging and settling.

I am not in the Bay Area. My H1B has been revoked not the I140. I too understand that USCIS would have done that after 5-6 months but was surprised to get a note from them so early. I have a FT offer and couple more in the pipeline, just to be safe.

Now that USCIS has started cancelling and have given a 30 day period when they would have an answer for me, if that precedes the H1B applied for by my new employer, what will be my consequences? This is my biggest concern.

My new company's start date is 15th when it will be 19 days from USCIS's notice. I understand that it is quite possible that they make a RFE while processing the H1B. Will I be able to continue working if that happens?

I will keep posted on my status. Please keep posting your understanding of my situation and how things will proceed.

I hope I am not making a mistake taking up a FT position again. These days it is really difficult to get a consulting company to hire without a job.

Thanks again.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 01-06-2011, 04:33 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2011
Posts: 2
smrryl is on a distinguished road
Default

Hi All,

I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.

1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?

Thanks in Advance.

smrryl
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 01-06-2011, 05:12 PM
Senior Member
Priority Date
:
Nov-09
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2011
Posts: 111
thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts thankgod is infamous around these parts
Default

Quote:
Originally Posted by H1BAlien View Post
Thanks for all your answers. Very encouraging and settling.

I am not in the Bay Area. My H1B has been revoked not the I140. I too understand that USCIS would have done that after 5-6 months but was surprised to get a note from them so early. I have a FT offer and couple more in the pipeline, just to be safe.

Now that USCIS has started cancelling and have given a 30 day period when they would have an answer for me, if that precedes the H1B applied for by my new employer, what will be my consequences? This is my biggest concern.

My new company's start date is 15th when it will be 19 days from USCIS's notice. I understand that it is quite possible that they make a RFE while processing the H1B. Will I be able to continue working if that happens?

I will keep posted on my status. Please keep posting your understanding of my situation and how things will proceed.

I hope I am not making a mistake taking up a FT position again. These days it is really difficult to get a consulting company to hire without a job.

Thanks again.
You dont need to worry in your case, Because as long as you have a future date on your I 94 (Arrival/Departure Card) you are in good shape.

I wish you all the best with your new employer.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 01-16-2011, 10:12 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2011
Posts: 3
sj0509 is on a distinguished road
Default

Quote:
Originally Posted by H1BAlien View Post
I was laid off 12 Nov. I have a I140 approved. My employer filed for revoking my I140 on 12th itself. On 30th I got a notice from USCIS saying my case for revoking was under consideration.

Now I got another job and they will be applying for H1B transfer. Although it has been only 3 weeks, the LCA will take a week after which they H1B will be applied.

What will happen next? Will I get a H1 without having to leave the country? Or is it possible that I will have to leave?

I have family... Will they have to leave the country as well?

Since the new company has asked me to start as soon as we get the receipt, will I be able to do that? What would be the implications if they ask me to leave the country and come back in?

I got an extension on my H1b as my 6 yrs will expire in 1.5 yrs. Will my new H1 be valid till the extension or will I get only for a shorter period?

Thanks for all your answers! I am really nervous as the law is quiet on these things and that makes it anyone's guess.
H1BAlien,

Did you get your new H approved ? Did you file in premium ? I am asking this because I am in exactly the same situation as you (worse actually).

H1BAlien or anyone else that can help, please advise.

I got laid off on Dec 2nd. I am a consultant, and my project ended on Dec 2nd, but surprisingly my Consulting firm also laid me off on the same day, without even telling me. They wrote a letter to USCIS for canceling my H1 on that day. And I came to know that yesterday, Jan 15th, when I asked them to keep running my payroll.

I did not get any termination letter from the firm, nor did I get a travel ticket back to India. I have an approved I-140, and just got my three year extension in November based on that. (I have completed my six years here).

I have these couple questions.

Firstly, since I have been out of status for 45 days now (without knowing), how long do I have before I can transfer an H1 ? I have a few contracts in the pipeline, hopefully one of which will materialize in the next week-10 days.

Secondly, is there anything I can do to ask my firm to recall the cancellation notice ? Are they in the wrong, legally, for not intimating me about my termination.

Thirdly, if I file for a change of status to B1, will that hamper my ability to transfer H1 to another firm ?

Thank you everyone for your help.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 01-16-2011, 11:19 AM
SGP SGP is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/06/2013
Compare
Join Date: May 2010
Posts: 824
SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute
Default

Quote:
Originally Posted by sj0509 View Post
H1BAlien,

Did you get your new H approved ? Did you file in premium ? I am asking this because I am in exactly the same situation as you (worse actually).

H1BAlien or anyone else that can help, please advise.

I got laid off on Dec 2nd. I am a consultant, and my project ended on Dec 2nd, but surprisingly my Consulting firm also laid me off on the same day, without even telling me. They wrote a letter to USCIS for canceling my H1 on that day. And I came to know that yesterday, Jan 15th, when I asked them to keep running my payroll.

I did not get any termination letter from the firm, nor did I get a travel ticket back to India. I have an approved I-140, and just got my three year extension in November based on that. (I have completed my six years here).

I have these couple questions.

Firstly, since I have been out of status for 45 days now (without knowing), how long do I have before I can transfer an H1 ? I have a few contracts in the pipeline, hopefully one of which will materialize in the next week-10 days.

Secondly, is there anything I can do to ask my firm to recall the cancellation notice ? Are they in the wrong, legally, for not intimating me about my termination.

Thirdly, if I file for a change of status to B1, will that hamper my ability to transfer H1 to another firm ?

Thank you everyone for your help.
Very sorry to hear of your situation. First and most important is get a new H1B sponsor. For transfering to F1 or B1 or H4 (if your spouse is on H1)-Suggest that you get in touch with a competent attorney and discuss the case with them. Visit murthy's website or get in touch with Prashanti Reddy or Ari or Ravi (who regularly offer free legal advice every 1st, 2nd and 3rd Thursday of every month). Maybe you can find some answers there which can put your mind to rest for today or till the time you get to speak to an attorney.

Good luck my friend.

___________________
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13

Last edited by SGP; 01-16-2011 at 11:24 AM.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 01-16-2011, 11:38 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2011
Posts: 3
sj0509 is on a distinguished road
Default

Thanks SGP for your advice, and kind words.

I will check on Murthy forum right away, and schedule an appointment with their lawyers for the coming week too. I am meeting my current company's VP and HR on Tuesday to find out exactly what happened, and if there might be any rollback procedures in this case.

Thanks again.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 05-27-2013, 06:32 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: May 2013
Posts: 1
kittu is on a distinguished road
Default H1 approved and then revoked

Hi,
My employer applied for new H1 while I was in India. My H1 was approved but due to some reason my employer withdrawn it and now it is showing as revoked in status on IRS site.
This all happened while I was in India. I did not get my H1 stamping done and travelled to US on H1 .
I researched on internet and found that my new H1 can be initiated any time this year as I come under cap exempt.

I have following questions :
1.) Can any other employer apply for new H1 for me or only the original employer has rights to apply new H1
2.) What are the chances of approval as I already got the approval from my last H1 application.

Regards,
Kittu
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Approved EB2 I140 revoked - AMIE/AMIETE niceguy Ability to pay issues and other 140 RFEs etc. 59 06-21-2013 04:51 PM
Approved I140 is revoked. I485 is in trouble. kishore47 RFEs and specific queries 0 06-23-2010 04:36 PM
AC21:I140 approved;I485 pending more then 180 days; Employer wanting to revoke I140 imv116 AC21 Portability after 180 days of 485 filing 11 07-26-2008 09:44 AM
How to find out if employer has revoked I140? indyanguy AC21 Portability after 180 days of 485 filing 10 03-20-2008 12:00 PM
I140 denied, employer used revoked I140, any suggestions ? waiting4gc1234 AC21 Portability after 180 days of 485 filing 18 01-11-2008 01:41 AM



All times are GMT -4. The time now is 10:28 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org