H1 approved on old employer. SEVIS terminated.

[dailybiker]

Hello all,

I am in a situation similar to few other posts, but mine is little more complicated because of F1 status. Apologies in advance for so many questions.

I was working for Company A on OPT from Jan 2017. They filed for my H1(with COS) in 2018 and the petition was denied. They applied for Motion to Reopen back in November of 2018. However, I changed to a different employer on OPT in April of 2019. Since them I am working with them and my OPT was about to expire on Jan 28th 2020. But on Jan 3rd 2020, my old 2018 H1 petition was re-opened and approved. Also, my COS was also approved on 3rd. My old employer did not let me know about this. Rather, my university told me the my SEVIS is terminated because of COS approval. Then I checked status of y old case and realized the approval of H1. I was shocked to see COS approval because, I traveled out of country in 2019 May.

• Now because I am not working for Company A anymore, I am assuming that my 60 day grace period started from Jan 3rd 2020 and, I need to either apply for COS to F1, or find an employer to file a transfer. Am I right about this assumption? Suppose if my old employer sends the revocation request, and if USCIS revokes the H1b, can another employer still apply for H1 transfer(within the 60days grace period)? 
• Also, my old employer did not inform me any of this, and did not provide me i94 attached to the i797. What are my options in attaining a copy of i797&i-94 for any H1 transfer application?
• Will this entire thing mean that in future I have to apply in cap-exempt quota for any new H1 petitions, because I was already counted under cap once?

Thank you.

[User099]

Is there an option for you to go back to your old employer and work for him or have you burned that bridge?

[dailybiker]

I contacted the old employer for a copy of approval notice and i94. When I met them, HR was very friendly and asked me to send my resume to see if there is any position open for me. May be they are planning to do a amendment if the position is different from my H1 petition. They also gave me the copy of approval notice. 

So am I in the 60day grace period? If yes, can I start working with employer B(upon receipt) once they file for H1 transfer? 

If I start working upon receipt of transfer application, will the count towards 60day stop? and if the transfer is denied for some reason after two months, will I be immediately out of status or will the countdown of remaining grace period start?

[pramodkal]

I am also in the same situation. In my case, My old employer has not shared any documents with me, neither the approval notice nor the I-94.Adding to that he has revoked the approved petition, as I'm no longer working for their company. He doesn't want me to rejoin.However, my new employer is trying to file for a H1B transfer without the approval notice or I-94(with all other valid documents). Not sure how that's going to work.I have the same questions.

1) Am I out of status currently or do I get the 60 day grace period?

2) what are my chances of getting an approval?

3) Will my case be considered under cap exempt?