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Overstay
04-26-2011, 10:58 PM
I was laid off in 2009 while my I-94 had a date till 2011. Is there a way to find out if my employer had revoked the petition? When I enter the receipt number in USCIS, I do not see anything in "Post Decision Activity". Its been two years now.

zonezo786
04-27-2011, 07:10 AM
1. No. Just the employer/petitioner.
2. Do not know. It depends on US CIS's work load. My educated guess is 1 or 2 months.

Overstay
04-27-2011, 09:53 AM
1. No. Just the employer/petitioner.
2. Do not know. It depends on US CIS's work load. My educated guess is 1 or 2 months.

If it hasn't shown up even after two years of me getting laid off, will it be safe to assume that my petition wasn't revoked by USCIS?

snathan
04-27-2011, 11:10 AM
If it hasn't shown up even after two years of me getting laid off, will it be safe to assume that my petition wasn't revoked by USCIS?

No.

PlainSpeak
04-27-2011, 11:23 AM
If it hasn't shown up even after two years of me getting laid off, will it be safe to assume that my petition wasn't revoked by USCIS?

The day you stopped working for the company holding your H1B, from that day the H1B is not valid. Now since the H1B is not valid it does not make any difference whether the company has revoked the H1B visa or not.

H1B Not valid would mean
- You cannot use that H1B to trasnfer to anothe rH1B as you have no latest paystubs
- You cannot use the H1B stamp in the passport which even though valid will require you to show the latest paystubs and employement letter to the officer at POE

HRPRO
04-27-2011, 11:35 AM
Overstay,

The day you stop receiving a paycheck, you are out of staus, doesn't matter if the employer revoked it or not.

The enxt time you make an application you will be asked for your recent paystubs to prove you are maintaining status and it could prove to be a problem.

Sorry couldnt give a more positive reply but best of luck

HRP

Overstay
04-27-2011, 12:15 PM
I am still very confused about whether I was just out of status or both out of status and unlawfully present. Some people say that you are out of status only when the USCIS or an immigration judge declares you to be. Does being out of status for more than 180 days but less than 1 year have more severe implications than being unlalwfully present?

snathan
04-27-2011, 12:38 PM
I am still very confused about whether I was just out of status or both out of status and unlawfully present. Some people say that you are out of status only when the USCIS or an immigration judge declares you to be. Does being out of status for more than 180 days but less than 1 year have more severe implications than being unlalwfully present?

1. If you had valid I-94 and not pay stub - you were out of status.
2. If the H1B was revoked and I-94 became invalid - you were unlawfully present.

For #1 - Need latest pay stubs for transfer and US consulate would not give you visa since you were out of status for so long.

For #2 -Since its more than 180 days - you are subject to 3-5 years ban to enter the US

USCIS or immigraiton judge does not need to declare anything...they dont have resources to go after everyone and declare out of status. US consulate can decide and the onus is on you to prove your legal status, not with the USCIS or immigration judge.

PlainSpeak
04-27-2011, 12:45 PM
I am still very confused about whether I was just out of status or both out of status and unlawfully present. Some people say that you are out of status only when the USCIS or an immigration judge declares you to be. Does being out of status for more than 180 days but less than 1 year have more severe implications than being unlalwfully present?

Do you have an EAD as a backup?
- If you do have EAD then you are out of status but in legal presence
- If you do NOT have EAD then you are out of status and also out of legal presence

Overstay
04-27-2011, 08:17 PM
Do you have an EAD as a backup?
- If you do have EAD then you are out of status but in legal presence
- If you do NOT have EAD then you are out of status and also out of legal presence

I didn't have EAD as a backup. 8 months after getting my last paycheck I left the USA. My I94 still had a lot of time left on it though.

snathan
04-27-2011, 10:04 PM
I didn't have EAD as a backup. 8 months after getting my last paycheck I left the USA. My I94 still had a lot of time left on it though.

Find a new job and transfer your H1b....go to consulate and ask for visa. If you are lucky you can get otherwise nothing can be done.

syrdryan
05-11-2012, 06:41 AM
I think my case is somehow related to this thread. To be specific I was fired while unde H1b visa but 2 weeks later my employer offered my job back. He told me that he didn't revoked my visa and I believe him; but is there anyway I can check this?
Since I was laid off I don't have a pay stub for those 2 weeks. And from this post is my understanding that I was out of status. My question is now that I am back with the same employer, do I need to worry about this 2 weeks?