H1B Revocation and H1B transfer without a single paystub

writetochandrap

New Member
Hi Rajiv Sir,

I came to USA on H4 status last year from India and an employer filed H1B petition for 2024 quota and got the approval for 3 years dated (10/01/2023 to 09/30/2026). H1B petition for change of status as I am already in USA and informed stamping is not required to start working.

Officially my employer has not onboarded me and they delayed it. Initially by end of October they ask me to drop a email saying that i will join by December. But, I refused to do that. On 11/08/2023 got a call from employer and informed me since the market is not good and they do not have a project for me due to which they are not able to onboard me and start my payroll. So, as per the management decision they took a decision to withdraw my H1B.

In such a case what will be my visa status? Do I have a H4 or H1B status since my employer has not onboarded me and I do not have a single paystub.

If yes then what is the grace period do I have for H1B transfer through a new employer? Can i wait and use the previous H1B for transfer till I find an opportunity in these 3 years as per the approval dates?

I am surprised to see my H1B status in USCIS is changed to Revoked on 11/29/2023 so fast and immediately filed a change of status to H4. Do i need to go out of country?

One employer is working for H1B transfer in December. Can I use my revoked H1B (I797-A) with I-94 document to initiate transfer to a new employer for new employment? Can I start working on H1B receipt or do I need to wait for approval?

Do I still need to travel out of the country for stamping to retain my H1B from my new employer to change my status before joining any project here?

How to deal this situation and what are the options left for me? Requesting your reply.

Thanks for all your efforts.
 
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