H1B rehired in Grace Period, H1B revoked accidentally before amendment

H1B Visa
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1

Hi Anil and All Members,

I am Indian citizen on H1B with i-140 approved. I was laid off on July first week, 2024 (H1B valid till May 2026). Later I was re-hired within 55days, on the same Visa in August end, 2024 but with a new Employee profile and a new Employee ID. (also Fixed pay was reduced by 10% by keeping 10% as variable)

The rehired project with the earlier end client did not go through. Then in October 5th, I was assigned a new end client and My H1B amendment was to happen, as I will be joining a new team and location. But the Visa Team now found out that the current Visa is revoked on their request on Oct 11th as the current Visa was tagged to my old deactivated employee profile (USCIS status say Automatically revoked and notified). I have not yet received any notice, no change in my address yet.

The Visa Team mentioned they are filing with pre-dated amendment with Nunc Pro Tunc (NPT) on the revoked visa in Premium.

Also, I am given a heads up that if it dont work, I have to exit USA and apply from India (Cap-exempt). I checked today with Visa Team, the application is not filed but with attorney review.

What are the possible scenarios for me here? Anybody had any success in this pre-dated H1B amendment?

2

It depends on the story that your employer attorney writes and explain in NPT letter.

If the officer agrees, and they do many times, then they will approve it.

3

Hi Anil,
Thank you for the reply. I have three more questions:

  1. In the worst case, what are the other options than leaving US?
  2. In order not to get more than 180 days overstay, when will the overstay calculated/started in this case? July 1st week (initial layoff) or from Oct 11th (when USCIS revoked the visa)?
  3. The employer attorneys are yet to file the NPT (it is pending with attorneys for more than 5 weeks now). Is there a reason why they deliberately delaying my NPT Application? My own employer Immigration support team is not responding correctly to my queries or avoiding answers, other than “Keep you posted” ?

Thanks in advance.

4

Based on what you have said, I am afraid the out-of-status starts on 11 Oct.

I can’t guess why your company or employer is delaying things. It depends on what kind of talks you are having with them.

5

Thanks a lot Anil.
I will keep you posted.