got fired !! what will be my status after october 1st

[pkanand]

What is the name of your state? MI

I am on my OPT from March 14,2007 and it is valid until march 13th 2008. I was working for my employer on my OPT and the employer applied for my H1. I got the approval with the starting date of October 1st and I have the hard copy. I got fired from the job and my employer notified me that they informed USCIS about this. They have requested to revoke my H1 through lawyer.

Now my H1 gone, what will be status after October 1st. Would I be able to use my OPT until march 2008.

Thanks

 

[ImmigAttyLana]

No, your OPT does not automatically reactivate itself. You will be out of status on October 1. You need to find a new employer quickly and have them file a new H-1B petition on your behalf.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[pkanand]

Hi
Thanks for the response. If i get an industry job before October and if they for my visa would it considered a transfer or do i have to file for a new visa. Do i have to wait till next year to apply for new H1 since my H1 has been revoked.

once again thanks for your response

 

[ImmigAttyLana]

A new company always has to file a new petition on your behalf since a H-1B petition is employer specific. You can never transfer an approval notice to another employer; you transfer your status and if you don't have the status anyway, you cannot transfer it. You have to file a new petition that is not subject to the quota if you have proof of the original H-1B approval notice.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[pkanand]

Hi lana,
Thanks for the reply. I have the original H1 approval with me. In this case can I transfer my H1 status to another company without any problem. Do I have to go through the quota if I transfer it after October.

 

[ImmigAttyLana]

NO, you are not subject to the quota if you file it after October.

 

[pkanand]

Hi,
My employer had already informed USCIS to revoke my approved H1 which
is effective from H1. So I assume I wont have H1. How could I not be counted against the quota. How long does the USCIS take to revoke my H1...Do you have any idea. If I file for H1 lets say in the month of October( Hopefully before 15th) would i be able to do it without any problem.