H1B transfer/withdrawal

[shubkumar]

Hello,

I graduated in May 2020. My prospective employer submitted the H1B application on June 03 and it is pending for final approval from USCIS. And now due to some unexpected unfortunate recent developments in COVID-19, I will have to join another company by September.

Now my question is two-fold:

(i) My employer is ready to file an H1B withdrawal request but their lawyer said that USCIS often will not take action on a withdrawal request. I can join on the F1 OPT visa if the H1B withdrawal request gets approved. I think this is the best possible scenario for me. Do you think this is possible? or;

(ii) I can wait for H1B approval and request the new employer for an H1B transfer. I am worried about this because I have heard that H1B transfers are successful only after 2-3 payslips beginning change of status (i.e., after 08/01). And all this will substantially delay my joining date with the new employer. Are there ways to expedite this process?

Please let me know if you need any additional information. I would like your advice/assistance in this situation.

[rkk09]

Hi,
Please see my response below.
1. Most of the time USCIS will react on withdrawal request quickly. May be within one month. Similar experience we have past few months. So, if you prefer to continue with F1 status, Yes. you can do with the help of withdrawing H1B petition.
2. I think this is best option and you will not loose your H1B too. H1B transfer can be filed any time after you get H1B Approval. It is not compulsory that, you will have to have paystubs with H1B status. Without having paystubs from H1B petitioning Employer also you can do H1B transfer. But, Sometime it will not be guaranteed approval. If you want to expedite H1B petition then you can prefer for Premium processing and you will get the status within 15 days.
Thanks