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.
- CPGLv 71 decade agoBest 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.
- 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I would consult a lawyer because now you are out of status and all immigration knows is that the visa was revoked.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:
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.
- buckeyLv 61 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.
- How do you think about the answers? You can sign in to vote the answer.
- kamradtLv 43 years ago
needless to say they are. The Left has been making a music the praises of "Democracy" because of the fact the 1960's and has replaced training to confuse pupils into believing that We interior the u . s . do no longer stay in a Republic. infants are taught neither civics nor unquestionably American heritage. the only heritage the standard pupil gets is that with an severe leftist slant which would be discovered on state funded PBS and too usually written by making use of Doris Kearns Goodwin, an admitted plagiarist and self admitted leftist as heritage. Few human beings understand the heritage of Ben. Franklin's citation: ?while the folk discover that they are able to vote themselves money, which will usher in the tip of the Republic" this is what Wilson and FDR needed. right this moment's pupil who writes a paper approximately our Republic would be marked down by making use of the assigning instruct for no longer regurgitating her professional socialistic state government. In particularly some situations, this belittling of the pupil would be achieved in school the place the mob outcomes on the HS pupil will determine that she/he will stick to the predicted line from then on. needless to say Leftist understand this. Their 60 + 3 hundred and sixty 5 days layout is working and those that had an honest training are loss of existence out and with greater taxes going to indoctrination centers, fewer mom and dad at the instant can't offer an significant selection. . WE ought to TAKE back training FOR A PLATO WROTE interior the REPUBLIC: “The heaviest penalty for declining to rule is to be ruled by making use of somebody no longer so good as your self.” “If women individuals are predicted to do the comparable artwork as adult men, we ought to instruct them the comparable issues.” “actual exertion, while mandatory, does no injury to the physique; yet wisdom it is obtained below compulsion obtains no carry on the suggestions.” i beg all to study the Dillon article linked under. examining Plato is likewise an outstanding ingredient to do. examining Jefferson's writings is likewise an outstanding ingredient to have your progeny do somewhat of tweeting or video games.
- 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.
- Yak RiderLv 71 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.