H1B Transfer initiated. Current H1B withdrawn and I-140 Pending. 7th Year

[prasanash]

Hi,

 

I was laid off last week from Employer A. I got a 7th Year H1B extension on Sep 2014 which is valid until Sep 2015 from Employer A based on PERM 365 filing rule.

I found a Job this week and Employer B initiated my H1B transfer Process.

Today i receieved an update from USCIS that my H1B was withdrawn from Employer A.

 

My question now is:

 

what will happen if I stay beyond the cancellation of my H1 with Employer A. Let us assume they cancel it on 12/10/14 and Employer B Apply for H1B transfer Next week. Employer B will have a receipt notice of 12/18/14 or 12/19/14. Is it ok to accrue out-of-status days from 12/10/14 to 12/19/14?

 

[jairichi]

You are out of status from the last day of your employment with employer A. A week of being out of status might not matter. You are fine. 

[ashuneel]

To be clear if you were laid off last week you are out of status since your last day ( Dec 5 maybe???)

 You can start work for Employer B from Dec 19 assuming petition is filed. It is upto USCIS to decide if the wish to overlook the short gap in employment which they sometimes do.

 You may get RFE or approval without I-94 since USCIS is aware that H-1 was revoked.

You will get extension if underlying PERM/ I-140 is not revoked but plan for filling PERM with new employer ASAP.

[prasanash]

Thank you all for your response.

I got my H1B approved with Employer B without I-94. As i accrued few weeks, I have to go to Metamoros ( that's what the attorney listed while appying) for I-94. I will be taking care of that next week.

 

My Question:

 

My I-140 filed by Employer A is still in Progress ( USCIS recived on Aug 28, 2014. Assigned on Dec 9, 2014).

My H1B with Employer A was withdrawn on Jan 17, 2015.

 

Is there any impact on the I-140 ? Does USCIS take any action on I-140 approval because employer A had withdrawn my H1B ?

 

Thanks,

 

Pra

 

[ashuneel]

No.your I-140 will be processed as normal unless employer A  decided to ask USCIS to stop processing.