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Seeker9

Can H1B approved be transferred without being activated or stamped to new employer?

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Hi there, 

I got my H1B approved from Company A in consular processing and it's not activated. As my employment was terminated in July 2019. I am no longer employed at Company A and cant activate or get H1B stamp as I am not with the employer who filed it. My employer mentioned that they will withdraw H1B before or on October 1st, 2019.  I am currently on F1 visa till December 2019. 

Questions-

1. If I find a job within a month let’s say in August 2019, can new employer file an H1B transfer using Company A I-797B approval notice (H1b not activated or stamped) so that my H1B will be transferred to the new employer before October 1st?

Also, as I am on F1 visa and currently enrolled in school, and my DSO mentioned that on October 1st my F1 will automatically terminate due to H1B valid date starts on October 1st (on I-797B) and mentioned to withdraw the H1B before October 1st to prevent F1 termination. I am confused if this is correct? As my H1B was filled under consular processing and which means it will not be activated until get stamp and re-enter the USA. 

2. What should I do in this case, is my DSO correct that my F1 will auto-terminate based on the valid date on I-797B approval notice even though my H1 was filled in consular processing and my F1 should not be terminated on October 1st?

3. How long does it take to withdraw the H1B application ( what is the timeline) after employer submits the withdraw and when does USCIS withdraws the H1B and notifies? 

Please advice. Thanks in advance 

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The employer is required by law to inform USCIS that you no longer work there. That is mandatory.

Since you are not going to start working for the employer on the H1 it is gone.

Edited by JoeF

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Help me understand, even if the H1B is transferred to a new employer before its stamped, they have to file new H1B application to transfer the H1B right? So why it cant be transferred?

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1 hour ago, Seeker9 said:

Help me understand, even if the H1B is transferred to a new employer before its stamped, they have to file new H1B application to transfer the H1B right? So why it cant be transferred?

It can't be transferred unless you have started working for the original employer. You are not considered counted in the quota until you start working for the original employer on the H1.

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