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. In the best case scenario, the employee will be given advance notice of a termination and withdrawal. “ What can an employee do when you know in advance you will lose job or be terminated from employment on H1B Status? “The petitioner shall immediately notify the Service of any changes in the terms and conditions of employment of a beneficiary which may affect eligibility… If the petitioner no longer employs the beneficiary, the petitioner shall send a letter explaining the change(s) to the director who approved the petition. Visa holders may feel that an employer chooses to notify the immigration service out of spite, but they really have no choice. Also, it is important to point out that, although it is harsh, an employer is actually required to notify the immigration service when employment is terminated (either by the employee’s resignation or the employer’s decision to fire). Once the immigration service ( USCIS) receives a written request to withdraw, it will lead to the automatic revocation 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. There are only two circumstances in which the immigration service will automatically revoke an H1B:ġ) The sponsoring employer goes out of business orĢ) The sponsoring employer files a written withdrawal of the petition. 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). H1B Revoked – What does it mean? By USCIS or Employer ?Īn employer CANNOT revoke an H1B.
H1B Revocation certainly will impact the beneficiary of an approved petition, but first, a little lesson on the proper terminology. What do I do now?” is a common call that I receive at Reddy & Neumann, P.C. “Help! My employer is going to revoke my H1B visa.
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