I left the country on the last day of work so as not to be in the US unlawfully. I don't know if my employer sent the revocation letter to immigration as they're not answering my emails. Also, they did not offer to refund my return costs. Is my H1B status still active in USCIS records because of former employer's inaction, or did the H1B status end when I left the country and cashed the last paycheck I received? Am I able to apply for other visas to the US if I need to? Would I need to file a change of status? Should I contact USCIS directly to find out what's going on? What are my options?
Legally, once you quit the job, your H-1B status is not good any more, regardless whether employer officially notified USCIS. You may apply for a new H-1B visa from abroad through consular processing to claim the remaining portion of 6-year limit if you find another employer.
Whether or not your employer updated USCIS about your termination, the fact that your employment with them ended has also ended your H-1B as it is employer specific. You are eligible to apply for other visas, but you would need to meet the requirements for any visa you requested. So, for employment based visas, you would need a new employer willing to sponsor you.
Because you previously had an H-1B, you may be cap exempt, meaning you can get another one far more easily. This is an issue that you should discuss in a consultation with an immigration attorney.
All answers given are intended to be general guidance and do not constitute legal advice. These answers do not create any attorney-client relationship with the question's author.
He is out of status but can sue the employer for wages for the period he did not work.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Your employer filed your H1B so when you cut ties with him (quitting) you are basically ending your H1B too. You do not know if you are employer sent the letter does not necessarily mean they have not sent it. You will be able to apply for other visas. All the best.
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