I was with employer A earlier who laid me off one month ago and sent a letter to USCIS to revoke my petition. What happens if I find another employer B to sponsor my H1B meanwhile?
When the employer sends the notice to revoke a particular H-1B petition, USCIS typically takes months to process that request. Therefore, the revocation of the H-1B may not show up in their system for months. However, that is how it is practically done and is not an official policy. Therefore, as soon as your employment is terminated with an employer, if some other employer has not already filed a petition on your behalf (or if you have not filed an application to change your status to some other nonimmigrant status), you should try to find the job with another employer as soon as possible and have them file your H-1B petition. You should attach your current pay stubs to the new petition. If you didn’t continuously maintain your status, after your H-1B petition is approved, you may not get a new Form I-94 authorizing additional stay, but you may be asked to go back to your home country for visa stamping. After that visa is stamped, when you enter the U.S. again, you will get a new Form
Related Questions
- 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?
- Can I start work with a new employer once the TN petition is filed with the USCIS?
- What happens after the solicitors letter is sent?
