What happens to H1B status after termination during consular processing?

Immigration Law

Liz

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Until there is a new I-797, you won't be able to get stamping. However, you can reclaim all of your unused H1B time once a new job is found. Although, it can also then require the new H1B 100,000 fee.

The fee applies for the stamping. Proof of payment is required for entry for all petitions for stamping after September. The new employer can file whenever; there is not a deadline to use the time.

The employer pays the fee. The lottery pick does also matter; it means you don't have to go through the lottery again. If you were still in the U.S. and had never left for stamping, there would be no fee. It's just for the actual visa to enter that they now charge it.

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My H1B was picked in the lottery and I opted for change of status. I had my consular appointment, but then it was rescheduled. My company terminated me. I want to know.

Lexi, Chatbot

Have you already consulted with any other legal professionals regarding this matter?

No.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your H1B status.

I want to know if my H1B will still be picked and what a new firm would have to do. Is it the same as any transfer petition?

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, did you move to the H1B in October?

So, I came to India for my H1B stamp and my firm decided to fire me while I was about to get the stamp. Given that I might not get a stamp until the firm rescinds the petition, where does this place me?

Yes. It was a change of status.

I was on F1, but then my status changed to H1B. It’s valid through 2028.

Liz

Understood. To be clear, you are currently in India?

Yes. I came to India for H1B stamping. I went for my biometrics, and that evening I got a notification that my consular appointment had been rescheduled.

Sorry. I got a notification that my appointment has been rescheduled.

Liz

Thanks for clarifying that. Have you received any job offers from other U.S. employers since your termination?

No, I was terminated yesterday. I am looking for job offers.

I wanted to know what I should tell firms when applying. Is there a time limit, and if the new firm applies a new petition, how long would it take?

But my name was already picked in the lottery. Isn’t the 100K fee for new applicants? Is 100K the fee to file the petition?

Liz

The fee applies for the stamping. Proof of payment is required for entry for all petitions for stamping after September. The new employer can file whenever; there is not a deadline to use the time.

So, isn’t the 100K fee to enter the lottery?

Liz

No, the 100K fee is to enter the U.S., not to enter the lottery. That's why those who change status in the U.S. don't have to pay it. It's then only paid when they exit and get stamping. The lottery entry cost is $215.

But I already got my I-797 for H1B and my status already changed to H1B.

Liz

Yes, and then you left. Because you left, you now need a visa to re-enter and be H1B. That visa stamping is what requires the proof of the 100,000 payment.

And I wouldn’t have needed it if I wasn’t fired?

Liz

Actually, given the timing, that may have been why you were fired. They would have had to pay it before you re-entered on the H1B.

Liz

I hope I was able to help! If you have any other questions, feel free to ask.

Liz

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