Legal Question in Immigration Law in Massachusetts

HI
My current job was terminated on 06/16/2014 and currently I am on the lookout for another job.I have H1 B and my i-94 validity till Sept 2016.
I am curious to know
what is my current status in USA after laid off ?
Can I refile H1 transfer with some another company ?
what is the time period I have in my hand to find new job in market ?
my ex-employer has initiated H1B revocation process. what impact is going to happen

Asked on 6/18/14, 4:34 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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Once your I-129 approval is revoked, you will be out of status, so you need to find new H-1B employment immediately. The new employer will need to expedite the filing of a new H-1B (change of employer), before the previous employer has your approval revoked. If not, you would need to depart the U.S., & a new H-1B employer would need to apply for the remainder of your 6 year H-1B validity period, with the visa issued abroad.

There is no statutory grace period for an H-1B lay off. However, a small gap is usually permitted when filing for a change of employer. How small this gap should be is at the discretion of the Officer reviewing your case.

Answered on 6/18/14, 6:26 am

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