H1B Queries: Transfer, Revoke and Complete Tenure

[bineetahaldar]

Hello, 

Currently I am working with company "ABC" India location and my H1-B renewal is under process (filled in Dec 2016 - so expecting to get a decision in another 2 months), once that is complete I plan to quit my current employer and travel to Middle East. My question is...

(1) In order to keep my H1-B alive can I start H1-B transfer in my notice period (which is around 3 months in India) or would you suggest that I finish the transfer and then quit? Per my discussion with Visa team of my current employer-- they generally do not revoke petition but if at all they have to then they'll do it after the last working day.  

(2) Since the premium processing is on-hold can the transfer take more than 3 month in normal mode? Will I atleast get a receipt by then? If the current employer informs USCIS to withdraw the petition during that time am I at a risk to loose my visa?

(3) Once the H1-B (petition) is transferred to "XYZ" consultancy can I choose not to travel for 1 or 2 years but still keep it alive?

Just to add to case history my visa was stamped around 5 years back and I used to travel for the same client and at the same location for short assignments. So cumulatively my stay in U.S. was for 1 year only. 

Thanks! 

 

 

 

[pontevecchio]

Once capped you do not lose the ability to claim a total of 6 years in H1 status. Why bother with a rigmarole of extending the current H1 when you will not work for the company ?. Nothing called keeping H1 alive. You have been misinformed. In future when you want to work for a H1 sponsor in the USA, have them first file and get a H1 petition approved and then get a visa and return. Employers have to revoke the H1 petition of employees no longer working for them and not doing so is bad form. That does not affect your H1 situation in any way.