Immigration Law

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I have a question on traveling to US on revoked H1B My

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I have a question...

I have a question on traveling to US on revoked H1B My current H1B visa is valid till 2020 Mar But I was laid off in Sep Now one of the interviews I did came back positive My new employer is asking me to travel to US so that they can file the transfer The H1 was revoked as of Nov 30

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

At the moment, I dont have any pending applications all i have is a vaild stamping on passport with mt ex-employer my*

Lawyer's Assistant: Have you talked to a lawyer yet?

One guy that I spoke says that I can come back as my 60 days grace period starts after my revocation date ie Nov 30

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know if I can travel or not Or will I get deported at POE?

Submitted: 7 months ago.Category: Immigration Law
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Answered in 19 minutes by:
12/7/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,795
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

What day were you laid off and what day did you depart the US?

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Customer reply replied 7 months ago
last day - sep 5
left US - Nov 28
USCIS revoked H1 - Nov 30
Customer reply replied 7 months ago
My visa in my passport is valid till 2020 Mar
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

You were technically out of status starting on September 5th when you stopped working every if it was not revoked until November 30th. Your grace period was September 5th for 60 days, so around November 4th. You have no other grace period. Your new employer will have to file the H1B while you are outside the US and once approved, you can re-enter the US.

You cannot re-enter now in order to do an H1B "transfer" inside the US.

I'm sorry I wish I had better news, but I must be honest with you. Hope you can rate me based on my consult and not good or bad news.

Good luck to you and I hope this answer has helped you.

Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. The question will NOT finish or close after you click and rate me. DON'T WORRY. It will stay OPEN after you rate me and I can continue to answer your follow up questions at no additional charge, if you have any.

The stars are very important. If you don't RATE , I receive zero credit for my time with you. Hopefully you can rate me 3 stars or more. 5 stars rating is the best!

Again, if you have additional follow up questions for me, please ask and I will be happy to clarify. Your satisfaction is my #1 goal.

Any bonus you feel I earned is always very appreciated. For any NEW questions you have in the future that you would like only me to answer, you can begin the new post with the words "FOR JEN."

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Customer reply replied 7 months ago
Can I travel if the new employer files a transfer? And after getting the receipt (while the status is still pending)?
Customer reply replied 7 months ago
I mean before approval?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

No, you cannot. There is no such thing as a transfer. It is different if you are in the US and on another valid H1B, you can begin working when a new employer files a new petition. That is called a transfer. You don't have a current employer and you are outside the US so you cannot travel here like that.

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Customer reply replied 7 months ago
i have a new prospective employer and an approved project. What is the best way to come to US and start working?
Customer reply replied 7 months ago
I got the approval on the day I was flying off.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

If you have a new H1B that is already approved, then yes you can return to the US with that petition.

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Customer reply replied 7 months ago
I have unsettled things in US that I need to complete. Can I try to fly back to US with the current visa stamp in passport?
Customer reply replied 7 months ago
Will that result in deportation? What is the impact of that in my future chances to return with another opportunity?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 7 months ago

IF you have an approved H1B, you can come back with the stamp. If you do not have an approved H1B, you cannot enter with that visa.

Hope this helps and please kindly remember the rating.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 6 months ago

Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back.

Please let me know how else I can help AND PLEASE kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★ on the top of the page.

Thank you for your consideration of our work and time here. HAPPY NEW YEAR!

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