I understand that they can revoke it. But do they typically do it ? For e.g say petition for transfer gets denied, can an individual maintain status based on a previous unexpired h1b. Which should practically give you 60 days to reapply for h1/ find a new job at that point.
As soon as employee leaves, the employer has to revoke H1 (informing uscis about it). But I am not sure in how many days employer has to revoke, I believe 15 days.
Exactly 👆🏼
Was talking to an attorney to understand the worst case scenario in case a transfer gets rejected and he said that if your previous employer hasn’t revoked the visa, you won’t go out of status. Which is very different from my understanding of the visa process. Thanks for the responses.
Wrong - like I said , you are out of status the moment you stop getting paid - will you be able to show the payslips for 2 months ? Transfer requires latest payslips
I received notification of revocation from USCIS 4 months later.
Guys - please don’t confuse with h1 validity and being in status. If you are not getting paid , you are not in status - the fundamental requirement of a transfer is salary slip - last 2 , and if let’s say you transfer in sep and you have payslips till July , you are screwed .
You go out of status as soon as you leave, but you have a 60 day grace period where you can still start a new job without leaving the US. If your transfer is denied, and it has been more than 60 days since you left the old job, you're out of status and need to leave the US and get a new visa stamp to return. Note, despite being out of status, you don't start to accrue unlawful presence until your I-94 expires or until DHS notifies you that you are out of status.
If your transfer is denied, you actually only have 30 days (if that) to leave the country or find new sponsorship. If your spouse is on an h-1, an easy way in is to do an h-4. The 60 day grace period only applies if you were to lose a job, not if your h-1 is rejected. Important note that I learned last week.
@wagecuck2, in that case (transfer is denied and it been more than 60 days since you left the job) when you've to leave US, can the new employer refile for H1B petition? If yes, is it a new H1B petition or H1B petition for transfer?
Most don’t. Its a hassle for them to do that.
Oath is different from other companies. One of my friend at Oath got his H1B and PERM revoked soon as he left.
Thanks @Op! Did you confirm with Attorney if you go out of status or not? Does it depend on your previous employer revoking visa or you not being able to get payslips? Which one of that makes you go out of status? Pls confirm, Since I am in same scenario.
No it doesn’t - because even if it doesn’t get revoked you have to show payslips to prove your work status - just having a valid h1 doesn’t keep you in status
Actually that's incorrect . H1b has to be revoked within 30 days or so i think . However yeah if you got to 140 stage no company revokes it.