H1B Termination, reinstatement

H

h74shah

Registered Users (C)
I recently went to India on vacation and got married. I also got H1 stamp of this company on my passport. While I was on vacation, my company informed our immigration attorney to terminate my H1B. Attorney sent paprework for termination to INS around 5th of march. I entered US on this company's H1 visa on 10th of march. Now I'm being rehired by this same company. The attorney is trying to revoke the termination sent to INS. Is this possible or do i need a new H1? Usually how many days does INS take to terminate an H1? I'm in michigan.

Also my wife is planning to go to US embassy for H4 visa based on my old H1B. Will she have any problems?

thank you very much
 
taking the most conservative guess...

If you company fired you on the 5th of march , INS will take some time to process that application. I hope they processed that after 10th march..since if they do it before that then you would have entered the USA on an illegal H1 status.

If that is not the case then you are out of status from the date say march15th when INS processed your application..this is much better than the previous case...now the company needs to file for a NEW H1 for you ( not Change of status H1)..upon receiving the approval for which you need to get a new visa outside the country and then come back in.

Best case...your company is able to cancel the revokation so there is no problem at all.

The last time I transferred out of one company to another..the company asked for a cancelltion of my H1 from the date of my resignation..since they did not want to be liable for any part of my paycheck.
 
The company and the lawyer..

need to tell the INS that the previous letter they had sent asking for withdrawal of H1 approval should not be considered..it is all a grey area...not many companies do what your has done..hire..fire then hire again.
 
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