I was laid off a month ago and my company has informed me that they sent INS a letter revoking my H1B petition. What happens if I find another H1B employer in the meantime?
A. The INS has typically been taking several months to process H1B revocation notices, which means that, as a practical matter, the revocation of the H1B petition may not appear in the INS system for several months. However, this is merely a general statement and not official INS policy. One should therefore make efforts to find another job as soon as possible and have the new employer sponsor the H1B employee for the H1B petition at the earliest opportunity. One may encounter problems without the availability of current pay stubs as proof of continuing, valid H1B status. One may not be able to obtain an H1B extension of stay and may be required to travel abroad to obtain a new H1B visa or, at the very least, obtain a new I-94 card with H1B status upon re-entry to the U.S. —– Q2.
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- I was laid off a month ago and my company has informed me that they sent INS a letter revoking my H1B petition. What happens if I find another H1B employer in the meantime?