H1B out of status and How to get IN STATUS

I

Immigration_guy

Registered Users (C)
Dear Sir,
I came to USA in May 2001 and I was staying at my company's accomodation for 3 months. After sometime I moved to another state and I have been here till now. Few months back I called my employer and asked him about my status. He didnt say anything but confirmed me that He will get me back to status if i find some contract job.He had said earlier that He wont cancel my visa as I am already in the country.Yesterday, I called my friends at my company to check my H1 status..They called my company's lawyer and he told them that my status was REVOKED AND THAT I SHOULD LEAVE THE COUNTRY IMMEDIATELY. I was shocked to hear this. I didnt get any letter or notification about this.My question is
1) Can my employer file an application or letter saying that he needs my services again and get me back in status as I am already in the country?
2) I was trying to change my status from H1 to F1, will it effect me bcause iam already out of status? i.e shall i get h1 fixed up first then go for transfer.
3)What are the consequences as result of this revoking of my status? My visa is valid till oct 2003.

I need ur advice. Whats the best way to handle this problem. Shall i go back to my country?

Plz reply ASAP.
 
You don't give enough information to adequately address your questions and I'm not surprised at that. It is extremely difficult to cover all possibilities in this forum. A lot depends on when your H-1 was cancelled, when you applied for the COS to F-1, and what your options are at this point. I'll try to answer your questions with the information provided but the answers are very general.

Q1) Can my employer file an application or letter saying that he needs my services again and get me back in status as I am already in the country?

A1)If your employer has cancelled your visa the employer will need to file an H-1 petition all over again. It will take more than just sending a letter.

Q2) I was trying to change my status from H1 to F1, will it effect me bcause iam already out of status? i.e shall i get h1 fixed up first then go for transfer.

A2) Yes, it will almost certainly prevent a change of status since you currently have no legal status in the US to change from. That means that at least you would need to leave the US and reenter on an F-1 which may be difficult since you would need to convince the consultate of your intent to leave the US when the F-1 expires.

Q3)What are the consequences as result of this revoking of my status? My visa is valid till oct 2003.

A3)It depends on when it was cancelled (if it was cancelled it is not "valid). If your visa was Cancelled more than 180 day you will be barred from entering the us for 3 YEARS when you leave, if it was cancelled more than 365 days ago, the mandatory bar increases to 10 YEARS.

You might have options though. It will be difficult. You might be able to bring suit against your former employer for violation of the benching rules. The employer was also legally required to offer you a return ticket to your home country.
 
Hi,
Thanks for the reply. I didnt apply for COS from H1 to F1. As I had said I came here in May 2001. My friend ALSO said that the lawyer mentioned it was May 2001 when the visa was revoked. But thats strange bcause i was in the country at that time and no one mentioned me about this. Even i left for another state i never got an email or letter saying that we are going to cancel your visa or something like that.

My position at this point is that iam stuck.I got admission in Masters program with a scholarship award and I wanted to change my status badly to f1. But since these ppl have messed up my status i donno what i can do now... I am really shocked at this... no letter nothing... Whats the usual process... The employer tells u right, that hes gonna cancel my visa.

Say if it was cancelled in May 2001, whats the situation for me then...

PLZ HELP ME..REPLY ASAP.
 
If that's the case you will be subject to a MANDATORY TEN (10) year bar on reentry to the US and INS will almost certainly require yoiu to leave the country to change or "extend" your status. You need to make a decision regarding what to do. I have very little information about your case but it seems to me right now you really only have 2 options:

1. Stay in the US and fight for a "transfer" or change of status. This will be very tricky and probably very expensive.

2. Leave the US and be subject to the 10 year bar.

Neither option is good. I think if it were me I would speak to an attorney and seriously litigating the case against your employer for failing to pay you during the bench period and for other violations that are now causing extreme harm.
 
Hi,
Thanks a lot for the quick reply. Please let me know what would be the expenses if i take the first option and the length of time it would take for this procedure. You know Jim whats the worst part, I got admission for the Master's program and that too with the scholarship... I guess all the hard work will come to an abrupt end.

Plz reply.
 
Hi,
I forgot to add this information.I have my I-20 from the university and I was all set to apply for change in status since
i didnt know about all this. Also whats shocking is it
seems they cancelled in May 2001 and thats the
time I entered USA. No one told me
about this and also my address was same till 2 months.
I was there till July 15. What is left from my side is
to talk to my employer on Monday and get the status
thing checked with him clearly. I have to talk to
attorney and see if he can help me in this because I
have I-20 and also i never knew my status was gone.

Thanks for all your help.Also can you tell me
whats the rule for exiting the country. Will there be
any problems considering if iam out of status? Any
questions or something? As I told you my visa is till
Sept 2003 and so is the I-94 CARD.

Awaiting your reply.
 
VISA NOT REVOKED.What are my chances with new employer

Hi,
My employer and the attorney who handled the case said that my visa has not been revoked. According to the attorney, he said he checked with the INS STATUS LINE, but said that you just cant depend or trust on it. These were his words today
"The Case Status according to the INS case status line is that it has not been revoked. However, don't necessarily rely on that! Maybe it has not been put into the system."

I dont know which date i bcame out of status. Someone suggested me that if you are out of status you can apply again but once your h1 is cancelled or revoked and 30 day period has been completed theres no way you can apply again unless u leave the country.

Can you tell me what are my chances if i appy for new h1 transfer in premium processing. I do not have pay stubs. How can i get started with the transfer process.

Thanks in advance.
 
WILL I GET THE TRANSFER

Hi People,
Has anyone gone through this phase or do u know anyone who has been thru this.. Please let me know. What are my chances of getting a transfer of H1 if the INS status line says my visa is not revoked. Will someone please reply to my query. I need your advise badly. Please help me soon.

Thanks in advance.
 
Senior Members(Jaxen etc) ~~~ Help Needed

:confused: :( :confused: :(

Hi,
Senior members, Please help me. What if I go back to my country and apply for F1. Will I face problems while re entering US ? Just got curious. what do u suggest? shall i take a chance and apply for transfer of H1 so that I come to know once for all that I can stay here or not. I called vermount service center to check the status of my visa and the immigration information officer said they dont give information to candidate and that the employer should call to get this information. My employer is not helping me and iam literally stuck not knowing what to do. I checked online at this site, and it gives the date when the case was approved.IT DOESNT SAY ANYTHING ABOUT VISA BEING REVOKED OR CANCELLED. Can I trust the information on this site? Is there any way I can call them at Vermount center and tell them to give me information.

https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp

Please reply soon ...Jaxen, Jim or any senior member.

Thanks in advance...
 
Last edited by a moderator:
It sometimes takes INS a LONG time to update their AVM (and I assume the web based information). I sure would not accpt this as the final work. Many things could be going on here.
 
Did not understand what you meant by FINAL WORK

Hi,
I didnt understand your statement "I sure would not accpt this as the final work. Many things could be going on here". Can you plz tell me what you meant by this. I am new to this stuff and I would really appreciate your suggestion on this.

Thanks
 
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