H1B Revoke & H1 Transfer

[pleasethinkaboutus]

Hi,

My employer has terminated me on 08/12/2011 as per his mail. On persuading he said I can work till 08/31/2011, but there is no written commitment from his side for this. I suspect he would have send the notification to USCIS on 08/15 or 08/16.

Now, I have a company who posted the LCA today (08/18/2011), they are telling that they need to post the LCA for 10 working days, which will be 08/31/2011. They will apply for H1 transfer on 09/01 or 09/02 under premium processing.

In this case
1. What will happen to my status post 08/31 until I receive the receipt number?
2. Will my H1 be transferred to this new company?
3. If by any chance, the approval is made as a consular pick-up (I-797B), will I be able to come back.

Thanks.

[shervin143]

1. What will happen to my status post 08/31 until I receive the receipt number?
>>> Even if the company sent the notification to revoke, it might take some time for USCIS to act on it. However, since you are working until the end of August, you should get a payslip from your current employer for the same and transfer the H1B using that latest payslip.

2. Will my H1 be transferred to this new company?
>>> If you have the payslip until August 1 and if the new employer files the transfer immediately, then there are chances.

3. If by any chance, the approval is made as a consular pick-up (I-797B), will I be able to come back.
>>> In that case, leave the country and return back with the approved h1B petition and H1B visa (if the h1B visa from the previous employer is valid, you can use that).

[pleasethinkaboutus]

Thanks for the response, I really got hopes.

I learnt that now a days a person from USCIS will be coming and verifying at the place of work. As, my employment ends on 08/31, I will not be coming to work location until I receive the receipt number. If my New Employer does not allow me to work until H1B approval, what could be my case.

Will the USCIS guy who comes for verification put an RFE or Denial?

Thanks.

[shervin143]

You are worrying too much. Will you be really working and getting paid until August 31st or not? If not, then you are considered out of status on H1B and the transfer might get denied or approved for consular process. If yes, then you don't have to worry so much. You can work with the current employer until August 31 and then join the new employer immediately upon filing the transfer. You are allowed to work for the new employer upon filing the transfer. The problem would arise only if the transfer gets denied. So it is advisable to file the transfer in premium and the result within 15 days.

Thanks for the response, I really got hopes.

I learnt that now a days a person from USCIS will be coming and verifying at the place of work. As, my employment ends on 08/31, I will not be coming to work location until I receive the receipt number. If my New Employer does not allow me to work until H1B approval, what could be my case.

Will the USCIS guy who comes for verification put an RFE or Denial?

Thanks.

[pleasethinkaboutus]

Thanks very much. yes, I am working till 08/31 and I will be in confidence that all will be well.

I am actually new to US and this contract jobs, added to that am with family. Hence i am worried.

Thanks once again