H1B revoked while I485 pending

S

skosian

Registered Users (C)
My I140 has been approved and I 485 pending more than 6 months. I am on H1B status and about to be laid off, the sponsoring company has indicated that they cancel H1-B visas of their laid off workers by notifying to the USCIS (they are saying they are obliged by law to do it, don't know the truth about it).

1. If my H1 is cancelled will this cause an out of status problem for me? Let's say I can't find a new job and use my EAD for 1 or 2 months? The USCIS might be inclined to RFE me about my situation as soon as they learn that H1 was canceled.

2. Can I transfer my H1 status to another company after the cancelation?

3. The H1B status that I have now was in turn transferred from company A, they didn't issue it originally. Can the current sponsoring company cancel it?

4. What is the best course of action in similar situations in order not to jeopardize Adjustment of Status application?

Sorry for bringing H1 questions here, its a mixed question :)
 
HI,
>>>>>>>>>>>>>>>>
1. If my H1 is cancelled will this cause an out of status problem for me? Let's say I can't find a new job and use my EAD for 1 or 2 months? The USCIS might be inclined to RFE me about my situation as soon as they learn that H1 was canceled

you will not be out of status as they cancelled your H1B, Bcoz your i485 is pending. Use EAD to work for some other employer. Don;t inform abt your change of Job to INS. If you inform INS, that may trigger RFE.

>>>>>>>>>>
2. Can I transfer my H1 status to another company after the cancelation?

I advise better to be on EAD. you can still transfer H1B to other company.

3. The H1B status that I have now was in turn transferred from company A, they didn't issue it originally. Can the current sponsoring company cancel it

I don;t understand this question

-sank
 
Thank you sank :)

sank said:
HI,
>>>>>>>>>>>>>>>>
1. If my H1 is cancelled will this cause an out of status problem for me? Let's say I can't find a new job and use my EAD for 1 or 2 months? The USCIS might be inclined to RFE me about my situation as soon as they learn that H1 was canceled

you will not be out of status as they cancelled your H1B, Bcoz your i485 is pending. Use EAD to work for some other employer. Don;t inform abt your change of Job to INS. If you inform INS, that may trigger RFE.

--- I understand that I need to be employed, but what if I can't find a job in a short period of time? Will I be in status without a job? If not how long can I be without a job?

3. The H1B status that I have now was in turn transferred from company A, they didn't issue it originally. Can the current sponsoring company cancel it

I don;t understand this question

---- Sorry I was not clear. I worked for company A with H1-B, then moved to company B transferring the H1 (not issuing a new one). Is company B allowed to cancel my H1?

-sank
Click to expand...
 
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to be in status no, vcause you will be in AOs, but in case there is an RFE yes, to show prrof of emploment etc.

Yes ur current H1 is from B so they get to cancel it.
 
HI,
--- I understand that I need to be employed, but what if I can't find a job in a short period of time? Will I be in status without a job? If not how long can I be without a job?

There is no time period by which you should find another job. At the time of RFE ,if you give EVL, pay stub of employer you would be working with is Enough. I went through similiar situation.
My h1b was not cancelled. but i was not able to find the job for 6 to 7 months while my i485 is pending,as market was dull. Then i changed the employer. i did not inform INS abt my change. My i485 got approved recently.

---- Sorry I was not clear. I worked for company A with H1-B, then moved to company B transferring the H1 (not issuing a new one). Is company B allowed to cancel my H1?

Company B has right to cancel your h1b(whether new one or transferred one). It will not trigger rfe at the time of i485 approval.

-sank
 
HI,
--- I understand that I need to be employed, but what if I can't find a job in a short period of time? Will I be in status without a job? If not how long can I be without a job?

There is no time period by which you should find another job. At the time of RFE ,if you give EVL, pay stub of employer you would be working with is Enough. I went through similiar situation.
My h1b was not cancelled. but i was not able to find the job for 6 to 7 months while my i485 is pending,as market was dull. Then i changed the employer. i did not inform INS abt my change. My i485 got approved recently.

---- Sorry I was not clear. I worked for company A with H1-B, then moved to company B transferring the H1 (not issuing a new one). Is company B allowed to cancel my H1?

Company B has right to cancel your h1b(whether new one or transferred one).

-sank
 
It looks like I am not in a big danger if I don't find a new job soon. Only recently I have replied to I485 RFE with EVLs and paystubs, so I think they won't be issuing a new RFE anytime soon.

Thanks guys.
 
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