USCIS revoked H-1B after layoff (unrelated to layoff)

sumobom4

New Member
Oct 2019 - Employer filed extension in premium for H-1B expiring in Jan 2020. Approval received until Jan 2023.

Apr 2020 - USCIS sent NOIR based on specialty occupation. Essentially, they said they should not have approved the extension.

Jul 2020 - Employer responded to the NOIR

Sep 15 2020 - Employer laid me off due to COVID related losses. I stopped work wef Sep 16, but am on payroll until Oct 16.

Oct 7 2020 - USCIS rejected employer's response to NOIR and revoked H-1B extension approval

I have a previously approved I-140 from 2018 (valid for more than 180 days).

Here are my questions.

1. Do I still have a 60-day grace period to find another job?

2. If I find another job, can I start working for the new employer on the basis of the application receipt? Or will I need to leave the country and get a visa stamp? (I have an expired visa stamp on my passport)

3. My spouse has H4 EAD. If there is a grace period, can she continue to work during that grace period?
 
Top