Filing H1B transfer on revoked petition

[intellisood@gmail.com]

Hi

I was working for Company A on an approved H1B petition and stamped visa. Both the petition and Visa are valid untill 30 Sept 2013.

I got offer from Company B and they filed my H1B transfer and I joined them with the receipt notice. I have now got an RFE on my H1B transfer and USCIS have asked for the client letter.

In the meanwhile, my employer A has sent a letter to USCIS and my original H1B petition from Employer A has got revoked.

Now I in a big fix. Seeking advice from experts on this forum.

1. Am I currently out of status. My Employer B is running my payroll and am getting payed on regular basis.

2. What if my H1B transfer gets denied. Would I be counted out of status for teh complete duration I worked for Employer B.

3. Employer C(End client) is interested in Hiring me full time. Can they file for a new H1B transfer. If Yes, will it be on petition A or petition B. Please note that Petition A has been revoked and petition B has an RFE.

Thanks,

Vishal

[wiweq]

1. Am I currently out of status. My Employer B is running my payroll and am getting payed on regular basis.

=> No, you are not oos. Once the H1b petition is denied, you oos days will start.

2. What if my H1B transfer gets denied. Would I be counted out of status for the complete duration I worked for Employer B.

=> Your oos days will start from the date of denial.

3. Employer C(End client) is interested in Hiring me full time. Can they file for a new H1B transfer. If Yes, will it be on petition A or petition B. Please note that Petition A has been revoked and petition B has an RFE.

=> Yes C can file H1b for you. In this case you need to send receipt from B, A's approval, paystubs from A/B for last 2-3 months. Collectively, these all will show that you are in-status currently.

Always remember, on H1b don't resign until new H1b is approved. In needed pay for PP fees !

[0407]

1. Currently not out of status

2. Will be out of status from the day of denial ( I wish your H1B gets through)

3. Employer C can file. There is nothing called H1 B transfer. It is a new cap exempt H1B.

new employer would need to file with receipt notice of current employer H1b and payslips

to prove legal status

[intellisood@gmail.com]

Thank you wiweq and 0407. I had one more related query.

If Employer C files new Cap Exempt H1B based on Approval notice from Employer A and Receipt notice from Employer B, then what would be advisable:

1. To wait for the decision to be made on Employer B's RFE. What if it gets rejected? Can Employer C still file for new cap exempt H1B with approval notice from Employer A (revoked) and denial notice from Employer B.

2. Or to file it now while my Employer B responds to RFE. If Employer B's petition gets rejected, will Employer C's petition also get rejects?

I understand I have made mistake in past by resigning from Employer A without getting Employer B's petition approved. So, learning from the mistakes, I want to pick up the safest option this time.

Thanks,

Vishal

[wiweq]

1. To wait for the decision to be made on Employer B's RFE. What if it gets rejected? Can Employer C still file for new cap exempt H1B with approval notice from Employer A (revoked) and denial notice from Employer B.

=> Once B's H1b is rejected, you will be in OOS state. No COS or extension is allowed to initiate in OOS state. If the COS/ extension was started before, B's H1b's denial, it's ok.

2. Or to file it now while my Employer B responds to RFE. If Employer B's petition gets rejected, will Employer C's petition also get rejects?

=> If C file files your H1b before B's denial it's ok. Now if C's H1b is under processing, and B's H1b denies, it won’t affect C's H1b as you were in-status when C filed your H1b.

[intellisood@gmail.com]

Many Thanks wiweq. Your suggestions helps me in making up my mind. I am now going to talk to Employer C and ask them to file a new Cap Exempt petition based on A's approved petition (though revoked) and B's Recept notice (though in RFE).

1.Since, Employer C would be filing in PP, what if my C's petition gets approved before B's. Will I need to quit B and join C at the earliest.

2. Also, since my end client on B's petition is the same one who is offering me job (Company C), would getting a petition filed from them raise questions in USCIS officer's mind and would further reduce my chances of getting B's RFE approved. In B's RFE, USCIS has asked for End client letter and proof of Employer-Employee relationship. My end client (Company C) does not have policy of issuing End client letters.

Thanks again,

Vishal

[wiweq]

1.Since, Employer C would be filing in PP, what if my C's petition gets approved before B's. Will I need to quit B and join C at the earliest?

=> Multiple H1b can be approved for you at same time. You need to choose at least one H1b employer and maintain your H1b with them. Maintaining meaning working for them and getting paid regularly. You should let the other employer (B) know that you are no longer interested in their offer. Do this in written as this note will make sure that you were aware of this H1b and have declined to maintain it.

2. Also, since my end client on B's petition is the same one who is offering me job (Company C), would getting a petition filed from them raise questions in USCIS officer's mind and would further reduce my chances of getting B's RFE approved. In B's RFE, USCIS has asked for End client letter and proof of Employer-Employee relationship. My end client (Company C) does not have policy of issuing End client letters.

=> H1b is employer specific. Client doesn't matter. To know more how will C process your H1b, get assistance from C or their lawyer.

[intellisood@gmail.com]

Thanks wiwec. Your suggestions are really valuable.

[peter9985]

Im in the same situation,  i would like to know, how you came out of this situation, it will really helps me out. Thanks !!

[suresh2visa]

I am in the same situation now...
Stamped Visa and I94 are there till Aug, 2016 with company A petition. Did a transfer in Jan, 2016 to Company B in normal processing. Currently working for Company B in receipt notice.
Now Company A petition is revoked and Company B petition is in progress.

 

1. Can I do a transfer to company C now ? They will do it in premium processing.

 

Please let me know what happened in your case ?
 

[suresh2visa]

Hi,
I am in the same situation now.
Came to US with company A petition with end date as Aug3,2016. so my visa in the passport and I94 expires on Aug3,2016.
Did change of employer in Jan,2016 in a normal processing and joined Company B on receipt notice in January.
Company A revoked their Petition in March 2016.
Got an offer in company C. So they started filing h1b transfer in Premium processing on May,2016 using company A petition (Revoked) and company B Receipt Notice.

in June 2016, Both company B and company C petitions are went to RFE. Company C RFE query is based on the company B RFE decision. Please let me know what will be the situation in the below cases.

1. Company B responded to the RFE and went to Approval ?
2. Company B responded to the RFE and went to Rejected ?
3. Company B did not respond to the RFE ?
4. Company B withdraw their petition ?

In a bad situation. Please help me to understand the situation clearly and give me the suggestions.
 

[suresh2visa]

Hi,
I am in the same situation now.
Came to US with company A petition with end date as Aug3,2016. so my visa in the passport and I94 expires on Aug3,2016.
Did change of employer in Jan,2016 in a normal processing and joined Company B on receipt notice in January.
Company A revoked their Petition in March 2016.
Got an offer in company C. So they started filing h1b transfer in Premium processing on May,2016 using company A petition (Revoked) and company B Receipt Notice.

in June 2016, Both company B and company C petitions are went to RFE. Company C RFE query is based on the company B RFE decision. Please let me know what will be the situation in the below cases.

1. Company B responded to the RFE and went to Approval ?
2. Company B responded to the RFE and went to Rejected ?
3. Company B did not respond to the RFE ?
4. Company B withdraw their petition ?

In a bad situation. Please help me to understand the situation clearly and give me the suggestions