Tweet
Did not join H1B employer, H1B not withdrawn, Status Change to H1B`
Hi All,
I graduated on May 2017. I accepted an offer from Employer-A well before my graduation date(Jan 2017). Employer-A had applied for H1B. I got selected in lottery. However, I got another offer from employer-B. I didn't join the employer-A and joined employer-B. When I asked for the H1B consequences of not joining employer-A, they told me that H1B will be withdrawn. I had notified that I will not be joining employer-A on May 25th 2017 and expected to H1B to be withdrawn. Recently, I landed in India with the assumption that I am still on OPT. When I asked for new i20 with travel signature from my university, I got to know that my immigration status has changed to H1B. Presently I am in India trying to figure out ways to get back to US
To sum up my situation, I have H1B status which was applied by employer-A, but never worked for employer-A. I have worked for employer B from June to till now. However, my H1B is not withdrawn and will not be withdrawn by employer-A(Asked them not to, they were understanding). I have only soft copy of I797 and I129. Is there any possibility for me to
Preference 1) Go back to OPT?
Preference 2) Transfer H1B from employer A to employer B as H1B is not withdrawn yet.
Regarding Preference 1, how can I convince my university to give back SEVIS status?
Regarding Preference 2, is it mandatory that I have to work for employer-A for transfer of H1B which has been approved? I have only soft copy of I797 and I129. Can employer-B use these forms to transfer H1B? Also, In the USCIS website, the status is : "Case Has received". What are the chances of this kind of transfer getting approved by USCIS? If approved, will I face any issue in VISA interview at consulate? And can all these be done while I am in India?
Please help me with this situation.
I graduated on May 2017. I accepted an offer from Employer-A well before my graduation date(Jan 2017). Employer-A had applied for H1B. I got selected in lottery. However, I got another offer from employer-B. I didn't join the employer-A and joined employer-B. When I asked for the H1B consequences of not joining employer-A, they told me that H1B will be withdrawn. I had notified that I will not be joining employer-A on May 25th 2017 and expected to H1B to be withdrawn. Recently, I landed in India with the assumption that I am still on OPT. When I asked for new i20 with travel signature from my university, I got to know that my immigration status has changed to H1B. Presently I am in India trying to figure out ways to get back to US
To sum up my situation, I have H1B status which was applied by employer-A, but never worked for employer-A. I have worked for employer B from June to till now. However, my H1B is not withdrawn and will not be withdrawn by employer-A(Asked them not to, they were understanding). I have only soft copy of I797 and I129. Is there any possibility for me to
Preference 1) Go back to OPT?
Preference 2) Transfer H1B from employer A to employer B as H1B is not withdrawn yet.
Regarding Preference 1, how can I convince my university to give back SEVIS status?
Regarding Preference 2, is it mandatory that I have to work for employer-A for transfer of H1B which has been approved? I have only soft copy of I797 and I129. Can employer-B use these forms to transfer H1B? Also, In the USCIS website, the status is : "Case Has received". What are the chances of this kind of transfer getting approved by USCIS? If approved, will I face any issue in VISA interview at consulate? And can all these be done while I am in India?
Please help me with this situation.
