H1B Revoked & Layoffs

H1B Revoked & Layoffs: FAQs

What Should You Know About H-1B Revocation?

H1B visas are difficult to obtain. The H-1B visa requires locating a sponsoring employer. Techfetch H1B is the best place to start for information. We provide all details to help you understand H1B and the processes involved. This article discusses the FAQs related to reasons for H1B revoke & layoffs.

Reversals can be just as difficult to overcome as denials or rejections. When a company withdraws a visa petition (for any reason, including termination), it must provide many documents. When USCIS receives this documentation, the H1B visa cancellation will proceed. Like many USCIS processes, this can take a few months. So, you may need to find a new employer if your visa is revoked.

The Final Rule: Impact on H1B Revocation

The Federal Register published a new rule on H1B visa revocations on January 17, 2017.

All H-1B holders who abruptly lose their jobs get a grace period of 60 days. They have only two months to either find a new sponsor, change their status, complete the petition, or return to their own country.

H1B Visa Revocation FAQs

Let's discuss some frequently asked questions about revoking an H1B:

If your visa is canceled or you are laid off, how many days can you stay?

The Federal Register's final regulation grants H-1B employees a grace period of 60-days after visa revocation or dismissal. You have until then to fix things.Your status will change if you do not have a valid US visa after 60 days.

Can a fired worker change status?

Absolutely. Your spouse must have an L1/ H1B visa; if so, he can change his status to H4 /L2 unless he has a new job. You can also take the help of an immigration attorney. This can be an easy and inexpensive way to reconsider your case.

Is it possible to renew a revoked visa?

If your visa is revoked, your employer's I-129 is no longer approved. If your visa status is changed through that business (if it was revoked by mistake), the employer must reapply for you, starting from the beginning.

Your employer must wait until next April to apply. Until October 1 of next year, you cannot work as an employee for any sponsor. You can work at anytime if your company is exempted from limits.

Can I have my status even if my company doesn't pay me?

Some clients were invited to work without compensation. This may sound like a decent loophole, but the USCIS considers only those who are "in status, " meaning they are working and paying.

Pay stubs are required if you want to change status or request an extension. These are not available if you do not receive compensation. This could draw the attention of USCIS and make your status suspicious.

Will a USCIS officer visiting the site cancel my H1B?

USCIS conducts frequent checks at H1B & L1 workplaces. A USCIS officer verifies the H1B worker's driver's license and ID and asks about education, work experience, and current job. The beneficiary's H-1B fees may also be challenged.

If the officer finds the answers unsatisfactory or faces any difficulties, the visa could be cancelled. If you are in the nation with good thoughts in mind and maintain status, you need not fear a USCIS officer.

What would happen if my cap-exempt H1B got revoked?

If H1B is revoked once considered revoked, it doesn't matter whether it is capped or not. If it was a mistake of the cap-exempt sponsor and wants to give back H1B eligibility, it has an advantage. The sponsor will need to start the visa process again (LCA all over again) but will not have to wait for the cut-off window to open or until October 1 for the beneficiary to start filing to work.

How do I know if my visa is revoked?

USCIS sends a revocation notice if your visa is revoked. As you receive the notice, the Federal Register begins the grace period of 60 days. Stay up-to-date with the USCIS website if you're not sure about something. To check your status, enter your case number.

Will my company pay me until my petition is revoked?

The sponsor must pay the visa employee until the employment connection is officially terminated. Due to visa revocation duties, it is unclear when this termination occurs. Typically, the sponsor will note the date and stop payments.

What steps should be taken after H1B revocation or dismissal?

When you receive a notice of revocation from USCIS or are terminated, it is time to look for another job/sponsor. If you were given a long grace period, don't waste it. Acting now can prevent future difficulties.

If you were fired but still have the status, you still need to change sponsor or status because your visa status ends when you are not working.

Conclusion

There are several reasons for H1B revoke. Though USCIS issues a revocation notice, the H1B beneficiary has a 60-days grace period to get another H1B sponsor employer. Else they will be out of status and must leave the U.S. Visit TechFetch H1B for updated information on everything related to the H1B process including reasons for H1B revoke.