April 20，USCIS revoked the current H1b (vaild date Dec 2009 to May 30, 2010), for LCA violation ( The h1b employment location is a residantial address. the employee is actually contracted out and working in different locations, which the client companies can provide comformation letter, such as DTE and AAA insurance.)
March 1, new H1b application (sponsor by another company) was received by USCIS and approve on April 2, 2010 with the vaild date from 6/1/2010 to 5/30/2013.
Is she still in H1b status because of the following reason?
INA § 214 (n) provides that a nonimmigrant “is authorized to accept new employment upon the filing by the prospective employer of a new petition”. What this means is that she is still in H-1B status based upon the filing of the new H-1B and may continue to work (even though there is a start date of June 1 on the petition.
Or she has been out of status for 7 days till now (H1b is revoked on April 7)? If so, wut is the most aproprate way to deal with this situation?
Addiation information: Her hu*****and is H1b holder, and he filed EB2 I-140 four years ago and got approved.