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shr9

H1 transfer to a new company

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I work for a company A and have a stamped visa until 12/2020.   I am looking to transfer to comapny B now. 

i trying understand is there a risk of transfer now a days?  searched H1b threads could not find any thing similar situations.  here  are my questions

1.  can  uscis  revote my current  approved i797   and stamped visa as part of the transfer ?

 

2.  I have planned to join the new company only if the transfer is approved. do i need to leave the country if transfer is denied or rejected ? 

 

Thanks in advance

 

 

 

 

 

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1) In extreme and very rare cases if the case is not good and they feel that existing approved petition is being misused they might revoke H1B petition but will they revoke stamped VISA? I am not sure. But this must not refrain you from moving ahead in carrier. Every H1B petition has its own risks.

2) If you are out of status you have to. If you do not hold any approved H1B and your I94 expired you need to leave by certain time may be by 60 days if you have one H1B under processing.

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When you leave your current employer the employer is required by law to inform USCIS that you no longer work there, which will result in revocation of the employer's H1 petition. It is not revoked by another employer filing an H1 petition.

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- You can join the new company as soon as you get the receipt from USCIS. However, the best solution for you is to expedite the process by selecting Premium Processing.  Your future employer or you can pay the fee. Based on the outcome of a new petition i.e. approved = continue working in the US without leaving the country OR denied = continue working with the present employer.  

- Submit your resignation letter "ONLY and ONLY" after getting approval from the new employer. 

- USCIS can revoke present I-797 "only if" the present employer request them to do that. By law, the employer needs to do that but most of them don't. 

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