H1B Revoking.

R

rbchiv

New Member
Hi,

I got my H1B transferred to a new employer and got the approval notice on June 27 2008. I was on maternity leave from June 3 2008, Employer asked me to return to work on August 15 2008. After the maternity leave when I mailed him that I'd return on August 15 2008, they laid me off and e-mailed me that they have informed USCIS that my last day is August 15 2008.

Inspite of request to wait till I find a new job, they did not honor my request.

I got a mail from USCIS today(Aug 28 2008) that the case has been re-opened or has to be reconsidered and they have mailed the petitioner what steps to be done further.

I have not yet found a new job, What are my options?


My husband's green card is in process, But we did not co-jointly apply because I was in India then when the dates were last available.

He has given our marriage certificate for filing for my green card when the dates become available next. The lawyer seems to have informed him that I cannot have a change of status i.e., to H4, & to be eligible for the filing of green card I should maintain my status as H1B.


Now my Questions are.
a) Can I change to H4, Will I still be eligible to file jointly with my Husband's green card.
b) Can I apply for a new H1B next year?


Any help in this regard will be appreciated.

Thanks,
Ramya
 
You will be able to change status to H4 if both your spouse and yourself are in valid non-immigrant status. This would mean that your husband must be in a H-1B status and you should have any other non-immigrant status, such as H-1B or F-1 or H-4 at the time of filing for a H-4. In your case, it appears like USCIS has already started processing of H-1B revocation and there is a likelihood that you started to accrue unlawful status, from the date when USCIS cancelled your current H-1B. This can have serious impacts. Better consult an attorney immediately, although the most likely advise for you would be to leave the country, get a H-4 and reenter US in this case.

If you wish to apply H-1B within the next 6 years, there wouldn't be any issues because of revocation of current H-1B.
 
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