H1b 221g in india and laid off

USA H1B
1

I was Laid off while I have come for stamping my 1st H1b visa.

I am an Indian Nationality and passport holder, Arrived in The US on Aug 2016 on F1 visa. Graduated with Masters in May of 2018 and obtained EAD card through OPT [Valid July 2018- July 2019]

I have worked with an employer immediately after graduation and they filled for my H1b visa as a FULL-time employee in the month of April 2019 and it was approved for the year Oct 2019-Aug 2022 through COS.

I have come to India for my H1b stamping and have received a 221g administrative processing from the US consulate In Mumbai India. The consular officer also Canceled my Student Visa. Currently, I have submitted all my documents requested by the consulate and they are processing amidst the lockdown imposed by the Indian Government to control the spread of Covid-19, causing the extreme delay in the issue of visa.

Following are my questions:

  1. Within, how many days do I have to find employment & have my H1b transferred? My current employer has mentioned they would be withdrawing my H1b. I currently have an Approved i797a. I am aware, I will have 60 days grace period, is it applicable to me as well, as I not currently located outside of United States?

  2. If I find employment after 60 days and is willing to transfer my H1 while residing outside of the USA, Can I reactivate my current H1? Or will I need to file a new H1 during April of next year?

  3. Assuming my current visa is stamped for the old employer after lockdown opens, will I be able to travel to the US with the new I797?

  4. If my Visa is not approved and I don’t receive my stamping from the US consulate, Do I need to enter Lottery again?

2

There is no 60-day grace period if you’re outside US.

There is no time limit to file H1B transfer. You can file it anytime without lottery.

Most probably your visa will be denied if your employer will file for withdrawal.

What documents have been requested in RFE?

3

Thank you for your response Anil.

I haven’t received a RFE from USCIS, my visa was refused at the Consulate and was asked to submit the following documents. Documents have been submitted to the consulate.

I just wanted to confirm, my next course of action should be to > find a new job [Irrespective of how much ever long it takes]. >ask them to file for my H1B transfer> get a new h1b stamping [if my current stamping is denied]> reenter the USA > obtain new i94. and I could utilize the remainder of my H1b duration. Is this right?

The consulate officer asked me to take back my passport with me after the interview. If he approves my stamping, ask me to mail in my passport to the Consulate, What do you recommend?

I also wanted to add, I don’t have i-94 on h1b. My last entry into the US was on F1 which was valid as D/S. Is this a probable issue of any kind?

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4

Yes, the strategy sounds good.

5

Thank you for the response Anil.