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How can I tell???

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  • How can I tell???

    I was on H1B for a year after I graduated from college and got laid off two years ago. I suspect my former employer never withrew the H1B petition.
    How can I find out, without contacting my old employer, whether or not my petition was withdrawn after I got laid off???
    I never managed to find another employmnet legally and I know 30 days after one gets laid off, the person is out of status by law. But still I'd like to know if the petition is still on the USCIS record or not???
    Thank you for your help, best wishes and good luck to all of you.

  • #2
    I was on H1B for a year after I graduated from college and got laid off two years ago. I suspect my former employer never withrew the H1B petition.
    How can I find out, without contacting my old employer, whether or not my petition was withdrawn after I got laid off???
    I never managed to find another employmnet legally and I know 30 days after one gets laid off, the person is out of status by law. But still I'd like to know if the petition is still on the USCIS record or not???
    Thank you for your help, best wishes and good luck to all of you.

    Comment


    • #3
      File for a "Freedom of information" (accordingly to the act) with BCIS to see what your current stake with them is. More information are on this web-sites:
      http://uscis.gov/graphics/aboutus/foia/index.htm

      Good luck!

      Comment


      • #4
        I am not certain but I strongly suspect that when your employer laid you off - that was the end of the H1.

        The H1 is 'held' by the employer - not the immigrant. In other words, even if you had an H1 and then just wanted to switch to another company - you would have to apply for a new H1.

        I could be wrong but I don't think so. I would bet big $$$ that you are out of status. OF course the INS will have that petition on file - they don't 'unfile' things...

        ARQU

        Comment


        • #5
          Of course I fell out of status by law, but according to the INS's record I am still on file and petitioned for since the employer never bothered to withdraw the petition. What happens if I leave the country before the actual exparation date hits in their system? Then my I-94 number would shows that I had left the country a year before.

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