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H-1B Revoked by employer, Any way to do an independent check on that ?

H-1B Revoked by employer, Any way to do an independent check on that ?

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Old Mar 8th 2004, 6:27 pm
  #1  
Vg
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Default H-1B Revoked by employer, Any way to do an independent check on that ?

Hello,

My employer just notified me that they have revoked my H-1B since Jan.
19th and I no longer can work for them. I was wondering if:

1. There is a way to independently verify whether my H-1B is really
been revoked or is it still in process of being revoked.

2.Also its been over 1 month since my H-1B status has been revoked.,
so what is my current status?

3.My employer has said that H-1B was revoked due to some
misunderstanding and he is ready to sponsor for re-instating my H-1B
again, is that possible now since its already been more than 1 month.
More importantly, will I be granted extension of stay (I-94) along
with re-instated H-1B

4. Can I transfer my H-1B to another company rather than my current
company applying for my H-1B again. What are the chances here that I
will be granted extension of stay(I-94)

Any help is appreciated.
Thanks,
VG
 
Old Mar 9th 2004, 7:48 am
  #2  
Ingo Pakleppa - see web site for email
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Default Re: H-1B Revoked by employer, Any way to do an independent check on that ?

On Mon, 08 Mar 2004 11:27:22 -0800, VG wrote:

    > Hello,
    >
    > My employer just notified me that they have revoked my H-1B since Jan.
    > 19th and I no longer can work for them. I was wondering if:
    >
    > 1. There is a way to independently verify whether my H-1B is really been
    > revoked or is it still in process of being revoked.

That's not necessary. Your H-1B status automatically ended the day you
were laid off - regardless of whether that was Jan 19, or earlier.

    > 2.Also its been over 1 month since my H-1B status has been revoked., so
    > what is my current status?

Probably, you are out of status.

    > 3.My employer has said that H-1B was revoked due to some
    > misunderstanding and he is ready to sponsor for re-instating my H-1B
    > again, is that possible now since its already been more than 1 month.
    > More importantly, will I be granted extension of stay (I-94) along with
    > re-instated H-1B

So are you saying that you are still working there? They should
immediately hire a competent immigration attorney to straighten this out.
Most of the time, USCIS ignores revocations anyway, so it may be possible
to fix this problem.

    > 4. Can I transfer my H-1B to another company rather than my current
    > company applying for my H-1B again. What are the chances here that I
    > will be granted extension of stay(I-94)

If I was in your shoes, I would prefer to keep the case as simple as it
is, and not add a change of employer on top of it - simply because that
could lead to more misunderstandings.

On the other hand, I can understand that you feel that your relationship
with your employer is shaken right now.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Mar 9th 2004, 2:57 pm
  #3  
Vg
Guest
 
Posts: n/a
Default Re: H-1B Revoked by employer, Any way to do an independent check on that ?

Thanks Ingo for the Help!

One more question, can the employer apply for re-instatement with
'premium processing' option by paying an extra $1000.00, I want this
to be sorted out as soon as possible.

Thanks again.
-VG
 
Old Mar 11th 2004, 3:42 am
  #4  
Ingo Pakleppa - see web site for email
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Posts: n/a
Default Re: H-1B Revoked by employer, Any way to do an independent check on that ?

As I said, you need to ask a competent immigration attorney. Since this is
not about a routine petition, but about correcting a screwup, my guess is,
no.

On Tue, 09 Mar 2004 07:57:07 -0800, VG wrote:

    > Thanks Ingo for the Help!
    >
    > One more question, can the employer apply for re-instatement with
    > 'premium processing' option by paying an extra $1000.00, I want this to
    > be sorted out as soon as possible.
    >
    > Thanks again.
    > -VG

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 

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