Employer filed H1B and had approval as of April 2013 terminated employment. Is H1B effective? What to do?

Question

On September 10, 2013 the contract with client ended and so did my CPT. I received an email from my employer stating my employment also ended that same day even though they filed my H1B which had been approved in April 2013 but still to be effective as of October 1st, 2013. Question 1. Am I able to find another employer to transfer my H1B to them? If this is possible, how much time do I have? 2. Since my employer who filed my H1B also terminated my employment will they eventually initiate the termination or withdrawal of my H1B? If that is the case can I then find another employer to transfer over my H1B to? If so, then how much time do I have? I very much appreciate your time.

Answer 1

This is a difficult situation although the United States immigration law is precise when it gives the employer total control over the H1B. This means that if the company makes the choice to withdraw an H1B, there isn't much else you can do to change their minds. Your H1B will be revoked by the USCIS when it receives the employer's request to do so.

Answer 2

Hello there

Even after an employer revoke a H1B, still the consultant will have two weeks time to challenge it at USCIS. It is possible to transfer your H1B to a new employer, if you have sufficient original documents.

 

Hope this information is needful
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