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Need Help Regarding Status And Chances Of Cos To F1 Or B1 From H1

Discussion in 'AC 21 H-1B Issues' started by nvn, Dec 13, 2016.

  1. nvn

    nvn New Member

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    Hi Ron,

    My Case:

    1) h1b approved in 2014 for 3 years, got stamping in 2015.
    2) Once I came back to USA on H1b, I lost my project with old client.
    3) got project in November - 2015 to March -16. but after I enter into the USA after H1b stamping, payroll has been run until I get my job in November.
    4) did not do amendment for above project as It is short term project.
    5) has been searching for job after that and did not get in my technology, as all most all of the clients has been asking for Green card or citizenship.
    6) My last pay chek was run in November -16.
    7) My employer said, he would revoke my h1b this December or in next month. Then, I will become out of status. As of today, My employer said, I am on status and he did not revoke my h1b yet.

    I have few questions

    1) If My employer revokes my h1b in this December or January - 17 and I will be Out of status. what are my chances to get into status again if I get a job Once I become out of status?. My I-94 valid till Oct- 2017.

    2) can I apply for h1b through other employer,Once I get job, even after I become out of status?.

    3) I want to go for change of status to F1 before My employer revokes my h1b,I mean, in the last week of December-2016 by getting admission for APRIL-2017 semester. If I get change of status approved(just assuming) in 30 to 45 days, I mean by January ending, what is my status from January ending to until start of my semester, which is APRIL-2017?

    4) If you think, all of the options above are not going to work out for me. what do you suggest me to do? (leave the country asap OR wait for the USCIS response after applying for COS to F1 or B1 OR applying for new h1b after getting new job( but i think, i will become out of status ))

    Thanks for time and you reply will help me a lot.
  2. leo1476

    leo1476 Junior Member

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    There has been a new rule (soon to be implemented) for nonimmigrants like H-1B visa holders allowing 60 consecutive days of grace period to find another job. I am not sure if your case fits that rule.

    Please read the details (on PAGE 4) here: https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.pdf

    Call your lawyer and ask him for more info.

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