Can I Renew an H-1B Visa Cancelled by the Sponsoring Company Upon Resignation?

Resigning from a company that sponsors your H-1B visa can be a complex and confusing process, especially concerning whether the visa can be renewed. If your sponsoring company cancels your H-1B visa upon your resignation, it typically means that visa is no longer valid for renewal with the same employer. However, there are alternative paths you can explore. This article outlines the options available and provides guidance on navigating these situations.

Options for Renewing Your H-1B Visa

1. New Employer Sponsorship: If you are looking to continue working in the United States and the original sponsorship was canceled, a new employer can potentially sponsor you for a new H-1B visa. Here's how it works:

A new employer files a new H-1B petition on your behalf. If the new petition is approved, you can start working for the new employer right away. If the new petition is approved but you are currently in the U.S., you may need to leave the country to get the new visa stamped before returning to the U.S.

2. Grace Period: After resigning, you generally have a 60-day grace period to either find a new employer or change your immigration status. During this period, you are legally allowed to stay in the U.S., but you need to be cautious and ensure that your previous H-1B status is still valid.

3. Change of Status: If you are unable to secure a new employer sponsorship, you may consider changing to a different visa category if you meet the eligibility criteria for that category. Common options could include changing to an L-1, O-1, or H-1C visa, depending on your skills and experience.

What Happened in My Case?

I originally received my H-1B petition approval in 2008 with Employer 1. Although my visa was never stamped or used, I resigned in 2010. Later, in 2011, I joined Employer B and attempted to obtain an L-1 B status instead. Unfortunately, the petition was rejected.

After finding the old approved H-1B petition receipt, I researched and checked the status on the USCIS website. It was confirmed that the petition was still in approval notice. Employer B then filed a new H-1B petition with a cap exemption (H-1B transfer) for me, which was approved for an initial 3-year period. A later approval extended my stay for another 3 years.

This experience emphasizes the importance of regularly checking the status of your petitions and maintaining communication with your attorney. It also highlights the potential pitfalls of relying solely on the actions of a previous employer to renew your visa.

Consulting with an Attorney

It is crucial to consult with an immigration attorney when dealing with H-1B visa issues, especially when you are unsure about the status of your case. They can provide tailored advice based on your current circumstances and ensure you are fully aware of your rights and options. Engaging legal professionals like attorneys can be vital in navigating the often complex and ever-changing landscape of U.S. immigration laws.

For those seeking more detailed guidance, consider the following steps:

Check Your Petition Status: Use the USCIS website to verify the current status of your petition and any others you may have. Consult a Legal Team: Speak with an immigration attorney or trusted legal professional who can provide personalized advice based on current regulations. Consider Right of Information Act (FOIA): If your earlier employer does not provide you with your petition details, you may request access to your records using the FOIA.

In conclusion, although an H-1B visa cancelled by the sponsoring company cannot be renewed with the same employer, there are other strategies that can help you continue your professional journey in the U.S. Always consult a legal expert to tailor these options to your specific situation.