H 1 Visa Cancellation Question

[dukemember]

My employer is terminating my employment. What is visa cancellation? Does the process give me time to find a new job and transfer my visa?

Or do I become out of status immediately?

Someone says there is something called form 840 that employer has file for cancellation and that it takes two months. Is this true??

Please calrify.

 

[jaxen]

As soon as...

Your employer terminates the employment your clock starts ticking. Generally you have 10 days to pack and go. But many stick around and try to do a h1 transfer. Up until 90 days from the previous paystub, people have found employment elsewhere and since H1 to h1 transfer has become easy (you can start working for the new company immediately after getting the Fedex confirmation of delivery of the transfer app), people are opting to do it.
There has not been a documented case of H1 deportation based on employer\'s cancellation of H1 (given INS\'s workload). But one never know. As long as the overstay is below 90 days all INS does is deport the individual, but has a policy of allowing the individual back in a valid visa (on paper at least).
So try for another job, but do not risk overstaying and spending all your savings. My 2c.