You’ll also have to wait until October 1st of that year before you can begin working again (unless your employer is cap-exempt). The problem with that is they must wait until the next filing season, which is April of the following year. To get it reinstated, the employer has to refile the petition for you, beginning from the very first steps. When the USCIS revokes your H-1B, you do not have a valid I-129 on record for the initial employer. Your new petition does not need to be entered into the cap again unless you move from a cap-exempt job into a cap-subject job. If you change your status to H-4 and obtain a new sponsoring employer, you can switch back to an H-1B. You could also apply for a B-2 or tourist visa until you’ve completed what you wanted to do in the US. In those situations, you can change your status and become dependent on their visa. Or your spouse is on an L-1 visa or H-1B status. You’ll need to talk to your immigration lawyer to ensure all of your documents are accurate and completed to continue your green card path if your visa is revoked. You may have an H-1B visa and are in the process of applying for a green card when you find yourself laid off. Green Cards and Other Visa Status Details
You’re not out of status during this period, which is an important designation to avoid if you want to enter the US in the future. When your initial employer ends your employment, or your visa status is revoked, you have the grace period of two months to find a new employer, change your visa status, have an I-140 petition filed, or return home. It is only allowed once during each visa validation period, so if you are laid off from your new employer under the same visa, you’ll need to file for a new one. The grace period extends from the last day of employment. The Department of Homeland Security’s Federal Register ruled that there is a 60-day grace period given to all H-1B holders who are unexpectedly unemployed. However, once the revocation is effective, you needn’t leave instantly. During that time, you may look for a new H-1B employer to initiate a petition for you to work for them. The process of revoking the visa begins at that time, but it can take months to complete. With an H-1B employee, this means the employer must initiate the process to withdraw their petition by submitting a request for withdrawal and filing those documents with USCIS. Business is business, and sometimes, through no fault of your own, you find yourself facing a layoff.
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