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I sponsored someone for H1B through my company but now he no more works for me. How do i report it to USCIS?

Fairfield, CA |

I sponsored someone for H1B through my company but now he no more works for me. How do i report it to USCIS? He worked for me around four months. Its been 3 months since he has been laid off from his job. Please advice on the procedure of reporting it to USCIS.

Attorney Answers 3


You should send a certified letter to the USCIS service center that approved the H1-B, providing the date of termination and request that the H-1B petition be revoked. You should do this immediately in order to limit any claims for unpaid wages for the period after the employee’s termination.

If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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I agree with Attorney Murray. Please send a letter notifying the USCIS about the termination of employment and request withdrawal of the H-1B petition.

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An employer is required to keep USCIS updated of events on a valid petition. Accordingly if the candidate is laid off or voluntarily leaves, you are to inform the USCIS and document the compliance.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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