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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110519
Experience:  20+ Years of Employment Law Experience
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I am in trouble. I am on H1B And my employer threated me to

Customer Question

Hi I am in trouble. I am on H1B And my employer threated me to revoke my H1b today by 5 pm
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I m in texas
JA: Has anything been filed or reported?
Customer: I am not sure he said he would revoke it by end of today
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am moving to a new job and the new employer just filed my LCA
Submitted: 1 month ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please tell us the situation completely?
Do you have a new employer who has applied for an H1b transfer for you already?
Customer: replied 1 month ago.
no.. Its in process. Hey will file my h1b after the LCA aproval. It might take 7 days. And my currect employer said he will revoke my h1b
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
In order to revoke your H1b, he has to terminate your employment. If he does so, the soonest he can report it to USCIS is tomorrow. Even if he does report it tomorrow, if you have another employer who is in the process of filing a H1b transfer, generally USCIS has a 10 day grace period from the termination of this H1b and a new employer filing an application for transfer of your H1b.
In fact the 10 days is a general guideline, so if it takes 12 or 14 days, USCIS will still generally approve the transfer application. Once the transfer is filed you can start work for the new employer.
If the new employer does not file in that amount of time, then this could cause you an issue because you would have to leave the country if the new employer does not file the H1b transfer because the LCA for them has yet to be approved, then you need to negotiate something with your current employer to prevent him from terminating you immediately because once he notifies USCIS of your termination tomorrow your clock is ticking for the transfer to be submitted or for you to leave the country or apply for a B-2 visitor visa and wait for the new employer to file the new H1b application for you.