Tweet
Urgent :: Not sure if H1B Revoked - H1B Transfer after Job Termination
Hi Guys,
I had been working with Employer A as FTE and I was in H1B with them since May 2012. I have valid Visa till April 2017.
- On Jun 3, 2016 I was laid off by Employer A.
- The company said they will give me air tickets etc etc .. and also cancel my work visa. When asked the HR, he said it may take 2-3 weeks to cancel the H1B work visa.
My current situation is I have no job since Jun 4,2016. Not sure if the employer sent Visa cancellation request to USCIS. I know am out of status.
On June 10,2016(in 1 week) I got an other employer who is ready to do H1 transfer for me knowing I am out of status. But am not sure how far it will work out. My questions are,
1. I got my pay stub till May 2016 and HR promised I will even get another one in June for the 3 days I worked(Till June 3rd). Can this be used to file H1B transfer in premium processing by the new employer B? Because it will only have salary details for 3 days. Will USCIS come to know am out of status and reject my H1 transfer?
2. What if my Employer A sends my H1B petition revocation/withdrawal asap?? How will I know my petition is cancelled and will the new employer still be able to apply H1 transfer in that case?
3. I read a lot of similar experiences where in they talk about H1B consular processing. So will the Employer B still be able to do H1 Transfer in Consular processing when my previous H1B petition has already been revoked by Employer A?
4. Am out of status since June 3rd (past 1 week), am not sure if I can legally stay here in US and wait for Employer B to do the H1 Transfer? The Employer B still hasnt started with H1 Transfer, I know it may take another 2 - 3 weeks to file the H1 Transfer. Can I legally stay here till then as am out of status since June 3rd. I have no option to change my status to H4 as well.
5. I also have valid visa stamped till April 2017, so if Employer B does H1 Transfer in Consular processing and it gets approved without I94, I know in that case I ll have to leave the country and come back with new I94. But should I go to stamping with the new approved H1 Transfer petition or will I be able to travel back to US with my existing visa which is valid till April 2017?
6. Am planning to send my family back to my Home country, but should they stay here when the Employer B does the H1 transfer?
Please help me out by answering these questions as soon as possible.
Thanks
I had been working with Employer A as FTE and I was in H1B with them since May 2012. I have valid Visa till April 2017.
- On Jun 3, 2016 I was laid off by Employer A.
- The company said they will give me air tickets etc etc .. and also cancel my work visa. When asked the HR, he said it may take 2-3 weeks to cancel the H1B work visa.
My current situation is I have no job since Jun 4,2016. Not sure if the employer sent Visa cancellation request to USCIS. I know am out of status.
On June 10,2016(in 1 week) I got an other employer who is ready to do H1 transfer for me knowing I am out of status. But am not sure how far it will work out. My questions are,
1. I got my pay stub till May 2016 and HR promised I will even get another one in June for the 3 days I worked(Till June 3rd). Can this be used to file H1B transfer in premium processing by the new employer B? Because it will only have salary details for 3 days. Will USCIS come to know am out of status and reject my H1 transfer?
2. What if my Employer A sends my H1B petition revocation/withdrawal asap?? How will I know my petition is cancelled and will the new employer still be able to apply H1 transfer in that case?
3. I read a lot of similar experiences where in they talk about H1B consular processing. So will the Employer B still be able to do H1 Transfer in Consular processing when my previous H1B petition has already been revoked by Employer A?
4. Am out of status since June 3rd (past 1 week), am not sure if I can legally stay here in US and wait for Employer B to do the H1 Transfer? The Employer B still hasnt started with H1 Transfer, I know it may take another 2 - 3 weeks to file the H1 Transfer. Can I legally stay here till then as am out of status since June 3rd. I have no option to change my status to H4 as well.
5. I also have valid visa stamped till April 2017, so if Employer B does H1 Transfer in Consular processing and it gets approved without I94, I know in that case I ll have to leave the country and come back with new I94. But should I go to stamping with the new approved H1 Transfer petition or will I be able to travel back to US with my existing visa which is valid till April 2017?
6. Am planning to send my family back to my Home country, but should they stay here when the Employer B does the H1 transfer?
Please help me out by answering these questions as soon as possible.
Thanks
Comment