Question on revoking H1B status

Here is the situation - I got H1B after COS from H4 to H1 but the contract with the client got cancelled. My employer will soon revoke the H1B as per him, with a back date saying that the contract did not go through. My questions area) He has to send a mail to revoke this. Will I come back to H4 status as soon as the mail is sent from the employer’s end? Or will I get some kind of receipt notice and H1B will be voided only after that receipt? b) I might get another opportunity; which could be quite promising; but will get to know about it in about 10 business days. How much time I can wait before we can send the revoke notice?c) What if I get a confirmed opportunity after the revoke notice is sent? Does the employer then again need to do a COS from H4 to H1B?d) The I-797 approval notice which I have received for the COS approval, will that be invalid after the H1B is revoked/reinstated? Or do I need to show this approval notice for my future COS petitions?d) I am thinking to go back to India and come back on H4 in case nothing works out. Do I need to wait for some kind of processing from the employer before I can go?e) The employer is also asking for the H1B cost he paid. I had paid the premium processing cost and the attorney fee and have not signed any such contract. I believe it is illegal for him to ask me to give him the whole H1B cost. What can I do in such a scenario?f) Is there is something I can do from my end to go back to my previous status H4 and make this H1B void/invalid; since the contract did not go through?

  1. You will remain in H-1 status even after it has been revoked. You have to file COS from H-1 to H-4 in order to move to H-4 status, or enter US on stamped H-4 visa (no need for new H-4 stamping if old one is valid).

  2. Are you getting paid from current employer? Make sure you get your paychecks and salary from this employer for the entire term you worked for them. You are their employee until the date they informed you about the firing. They should issue you W-2 as well for 2015. Failing to have these documents will cause issues in future like H-1 transfer, H-4 COS, H-1 stamping, Green card processing etc. You will not be considered in legal status for the H-1 period if you didn’t get paid and have salary slips.

  3. Your status would have remained H-1, and the new employer will have to file H-1 transfer. However, that may run into issues if you are not getting paid through current employer.

  4. That petition itself will become invalid as the petition is tied to employer. However, you can use that petition as reference to show that you have already been counted in the cap and don’t need to go through the cap again.

  5. That’s the safest choice. You don’t need to wait for any processing from current employer to do this.

  6. Do nothing. He is liable for the cost and not you. You can throw the rule book at him if he insists.

  7. Refer (1) on how to get back to H-1 status.

I again reiterate - get all your salary and payslips from this employer. Send him an email asking for missing salary and payslips (if any) and let him know that you will report him to DOL if he fails to do so. Just b/c he wants to backdate the termination date, doesn’t mean he can get away w/ salary payment.