Previous employer trying to terminate H1 while current petition is still with USCIS.

[krish14]

Hi All,

I am new to the forum and not sure if someone has already asked / answered the question i have. If it is already answered, please post the link.

My Question:-
Company A had my petition and i came on their Visa about 1 1/2 years back to US. The visa and I94 given at POE are valid till July 2014.
I switched to a company B and they filed for transfer of H1B in normal processing. The H1 petition of previous company is still with me, however they have
asked me to submit the original of H1 Petition and as per company policy they should be terminating it, I need to submit these in order to get the experience letter and final settlement.
Should i give my approved H1 petition back to old employer or wait till the new transfer is complete (i can try premium with new employer by spending from my pocket).
Does revoking my Petition by previous employer while the transfer is in progress effect me in any way?

I read in a post that transfer was approved, but previous employer terminated the H1, so the person got a approved petition without I94, so he had to go to india to get it stamped.

I can wait for Experience letter and Final settlement for 2 or 3 months, but is there a way I can avoid it as this wait will also mean a delay in filing GC.

Please reply with your valuable suggestions.

Have a great day

[kabkaba]

Hi All,

I am new to the forum and not sure if someone has already asked / answered the question i have. If it is already answered, please post the link.

My Question:-
Company A had my petition and i came on their Visa about 1 1/2 years back to US. The visa and I94 given at POE are valid till July 2014.
I switched to a company B and they filed for transfer of H1B in normal processing. The H1 petition of previous company is still with me, however they have
asked me to submit the original of H1 Petition and as per company policy they should be terminating it, I need to submit these in order to get the experience letter and final settlement.
Should i give my approved H1 petition back to old employer or wait till the new transfer is complete (i can try premium with new employer by spending from my pocket).
Does revoking my Petition by previous employer while the transfer is in progress effect me in any way?

-- That's fine, you can give them the original approval notice. Make sure you keep copies with you. There is no need to give them your passport and they should not cancel the Visa in your passport. Also, it does not affect B's petition in any way.

I read in a post that transfer was approved, but previous employer terminated the H1, so the person got a approved petition without I94, so he had to go to india to get it stamped.

-- That can happen if transfer is filed after you leave the first employer. In your case I suppose the receipt date for B is before your last day at A. The risk is if B's petition gets denied, you will be out of status, but since you have left A already, there is no way to change that anyway.

I can wait for Experience letter and Final settlement for 2 or 3 months, but is there a way I can avoid it as this wait will also mean a delay in filing GC.

-- There is no need to wait, see above.

Please reply with your valuable suggestions.

Have a great day

See above.