When employers begin the process of revoking an H1B visa, they must put in a written request to USCIS U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…United States Citizenship and Immigration Services
How do I terminate my H-1B visa?
Experts recommend mailing a certified letter to the USCIS service center that approved the H-1B visa, providing the date of termination and a request to revoke the petition.
Can a H1B visa be revoked?
There are only two circumstances in which the immigration service will automatically revoke an H1B: 2) The sponsoring employer files a written withdrawal of the petition. When an employer says they will revoke a person’s H1B, all they can really do is request withdrawal of the petition.
Can an employer sever an H-1B visa before the visa expires?
Severing the employment relationship with a worker who holds an H-1B visa before the visa expires can expose employers to liability if the process is not followed properly.
What happens when an H-1B worker is fired?
When an employer fires an H-1B worker, it must do these three things: clearly inform the employee of the action, notify U.S. Citizenship and Immigration Services (USCIS) that the visa petition should be cancelled, and offer to pay "reasonable" transportation costs for the employee to return to his or her home country.
What happens if H-1B is withdrawn?
If your H-1B has been revoked, you will receive a revocation notice from the USCIS. The day that the notice is sent will mark the beginning of the 60-day grace period granted by the Federal Register's rule. If you are unsure about any aspect of the case, you can check the USCIS case status page to see where you stand.
When can employer revoke H-1B?
Under 8 C.F.R. 214.2(h)(11)(ii), an H1B petition is immediately and automatically revoked if the petitioner goes out of business or files a written withdrawal of the petition.
Where do I file an H-1B withdrawal?
An employer can accomplish withdrawal of the petition by sending a letter to the USCIS service center which approved the H-1B petition, which in most cases will be either the California Service Center (CSC), or Vermont Service Center (VSC).
Tripti Sharad Sharma
You are seeking help with strategy, not general information about laws. Work with an attorney to plan it for you.
Michael Alexander McVicker
If your employer's H-1B petition gets selected for processing by the USCIS, the employer can withdraw it and revoke it before October 1, to keep you from having your status changed on October 1. After October 1, you will not be able to have your status change undone by revocation, and you will not be able to go back to F-1 OPT status.
Wendy Rebecca Barlow
Your status would automatically change to H-1B on Octiber 1st assuming that is what is selected in the petition. You would need to contact the employer and request they withdraw the pending petition or revoke the approved petition.
What can an employee do when you know in advance you will lose job or be terminated from employment on H1B Status?
If this occurs, the employee should immediately begin making arrangements to either obtain a new job offer or look to other possible visas to remain in the country. Once a termination of employment occurs, the H-1B worker is immediately out of status; there is NO grace period. Therefore, whenever possible, action should be taken to file an H-1B petition for change of employer (i.e. H-1B transfer) or to file a change of status to another visa type before the termination occurs. Once the H-1B transfer or change of status is filed, if the employer later notifies the immigration service of the termination or requests withdrawal, it generally would not impact the pending application or the immigration status.
How long is the grace period for H1B?
Updated : As per new USCIS rule that was effective from Jan 2017, employees get up to 60 days of grace period to find alternative employment. Read H1B Grace Period 60 Days Ruling info.
Can an employer revoke an H1B?
An employer CANNOT revoke an H1B. Only the immigration service, which is USCIS, can take that action and the regulations specify exactly when revocation is required in 8 CFR 214.2 (h) (11). There are only two circumstances in which the immigration service will automatically revoke an H1B:
Can I file a new H1B petition?
A new employer can file a new H-1B petition for consular processing (since you are outside the country), but you would not be subject to the quota since you were previously counted. There are some exceptions, so you should definitely consult with a qualified immigration attorney to confirm whether you are subject to the cap or not. Also, I should point out that there are other types of revocations not discussed here. The main goal of the article is to help those in H1B status who may be facing termination of employment.
The Human Side of Firing an H-1B Employee
While not a legally binding requirement, the first thing you need to keep in mind is the impact a layoff will have on the life of the individual you are firing.
The Legal Side of Firing and H-1B Employee
There are two requirements that are mandated by law when an employer wants to fire an H-1B employee. Firstly, you must notify US Citizenship and Immigration Services (USCIS) and withdraw your H-1B petition.
Travel Expenses after Termination
Finally, you must offer to pay the travel costs to return the fired employee to his or her last country of residence abroad. You are not required to pay for any H-4 dependents or to ship things like furniture, etc, so generally you will only have to pay for a one-way plane ticket for one person.
Rochelle Inger
You have several issues here. I see a domestic problem, an immigration issue and a child custody issue. Please consult with a family law attorney and an immigration attorney.
Elizabeth Clare Surin
The H1B holder cannot cancel someone else's H4, even if it's the spouse. Just get a divorce and the spousal status will no longer exist for the H4 dependent status. The H1B can inform USCIS of the divorce and "nondependent" status.
Stephen D. Berman
The spouse of an H1b is eligible for an H4. The spouse of the H1b files the H4 application, not the H1b. In sum, you cannot ask US DHS to send your wife back home, she has a right to be here as a spouse of an H1b.
Lynne Rogers Feldman
Here H-4 is hers and not yours to cancel. You can obtain a divorce and that would cancel her status.
