|H-1B Status Is Lost upon Termination of the Employment, not upon Revocation|
I was laid off last month, and my company has informed me that it sent U.S. Citizenship and Immigration Services (USCIS) a letter revoking my H-1B petition. What happens if I find another H-1B employer in the meantime?
The revocation does not prevent the approval of an H-1B by a new employer, although the ability to extend H-1B status in the U.S. is affected by whether or not the individual is maintaining H-1B status at the time the new employer files its H-1B petition. H-1B status is lost upon termination of the employment, not upon revocation of the H-1B petition.
It is necessary to make efforts to find another job as soon as possible and have the new employer sponsor another H-1B promptly. It is risky to remain in the United States without a valid immigration status. These risks include potential removal.
If an extension of status is requested, the USCIS will review the proof of status submitted with the new employer's case. This is normally in the form of current pay stubs. If there are not current pay stubs as proof of continuing status, it may not be possible to obtain an extension of stay - reflected in an approval notice with an I-94 at the bottom. Thus, the new employer's H-1B petition may be approved, but with an instruction to depart the U.S. and request a visa at a U.S. consulate. In this event, it would be necessary to travel abroad, obtain a new H-1B visa at the consulate if needed, and obtain a new I-94 card at the port of entry.
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