Anonymous
Anonymous asked in Politics & GovernmentImmigration · 1 decade ago

H1b employee lost job 3 months ago. New employer willing to file new H1b.?

Since I had some issue with my former H1b employer(didn't pay me) they also went ahead and revoked my H1b.

I don't have recent pay stubs, so I can't do a H1b transfer.

A new employer is willing to file my H1b, but they can only file a new one in April 2008 and can start working for them only from September or October.

My current H1b visa expires on May 2008. I am confused about what to do about this situation.

Please provide your best advice as I need an option since going to chennai would be almost impossible to get the new visa stamped without pay stubs from previous H1b.

7 Answers

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  • CPG
    Lv 7
    1 decade ago
    Best Answer

    Unfortunately your options are even less that what some have suggested.

    To file Form I-539, Application To Extend/Change Non-immigrant Status you must be an alien lawfully admitted to the United States as a non-immigrant who is continuing to maintain that status.

    It would not be possible for you to change your non-immigrant status to that of another based on the evidence that you have not maintained your status.

    You only have one legal option and that is to the depart the United States and await the petition for your new H1 to be approved. It is advisable you depart ASAP for the reasons Yak Rider stated.

    Source(s): INA: ACT 248 - Change of Non-Immigrant Classification.
  • 3 years ago

    H1b Transfer Without Pay Stubs

  • 1 decade ago

    I would consult a lawyer because now you are out of status and all immigration knows is that the visa was revoked. Three months is a long time to be out of status as this occurs right after you stop working and are no longer on the payroll.

    See question #10 here:

    http://www.murthy.com/news/UDtermh1.html

    See question #7 under layoff: http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Maybe a lawyer can advise you on adjusting your status to a different visa, as another poster stated. And then when your new employer is ready to take you on, you change back to H1.

  • buckey
    Lv 6
    1 decade ago

    you are out-of-status since the day your employer revoke your H1b visa. you are no longer eligible to apply for H1B stamp. you do not have much options. you can go back to home country and then re-enter to US with your new H1b visa. or you apply for/change to other non-immigrant status. good luck.

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  • 3 years ago

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  • 1 decade ago

    You are out of status

    There is NO grace period for H1s. You are out of status from the moment you lose your job.

    To stay in status, you need to file a change of status application, e.g., to B2.

    H1 transfers are usually possible within 60 days of being laid off.

  • 1 decade ago

    In another 3 months you'll have 6 months out of status and face a ban of 3 to 5 years. After a year out of status they'll ban you for 10 years after they catch you and deport you.

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