H1B Visa Transfer question

[sreenivas]

Hi,

 

I am on H1B visa, my I-94 is valid until 2015. Right now i am planning to move to a different employer, But everyone is asking me to join with H1B transfer reciept number. I feel that is risky and I have following questions in that context.

 

1. Can my current employer cancel my H1B  (I-797) ? I heard that no one can cancel the H1B, they can only cancel the sponsorship by reporting USCIS stating that thay are not going to pay me as i will not be woking , is it true?

 

2. Assume that i move to a new employer with reciept number and my current employer cancels the sponsorship, and the h1 B transfer fails, what would be my status? should i leave the country? if not, how much time will i have to find another sponsor? I heard i will have time untill my status expires, is it true?

 

Appreciate your responses!!!

 

Thanks

Srinivas

 

 

[jairichi]

Hi,

 

I am on H1B visa, my I-94 is valid until 2015. Right now i am planning to move to a different employer, But everyone is asking me to join with H1B transfer reciept number. I feel that is risky and I have following questions in that context.

 

1. Can my current employer cancel my H1B  (I-797) ? I heard that no one can cancel the H1B, they can only cancel the sponsorship by reporting USCIS stating that thay are not going to pay me as i will not be woking , is it true?

 

2. Assume that i move to a new employer with reciept number and my current employer cancels the sponsorship, and the h1 B transfer fails, what would be my status? should i leave the country? if not, how much time will i have to find another sponsor? I heard i will have time untill my status expires, is it true?

 

Appreciate your responses!!!

 

Thanks

Srinivas

Better to join after receiving approval notice.

 

1. Yes, current employer by law has to revoke your H1B once you resign. It has no effect on your future H1B petitions.

2. Yes you need to leave country or move to H4 is your wife is on H1B or B2 to stay in status to do a job hunt. No grace period

[sreenivas]

Hi Jai,

 

Thanks for your response!!!

 

But i heard, Employer cannot cancel the H1 they can only revoke their sponsor ship. so this is not correct?

 

Thanks

Srinivas

[jairichi]

Hi Jai,

 

Thanks for your response!!!

 

But i heard, Employer cannot cancel the H1 they can only revoke their sponsor ship. so this is not correct?

 

Thanks

Srinivas

Yes, that is correct.

[jairichi]

Hi Jai,

 

Thanks for your response!!!

 

But i heard, Employer cannot cancel the H1 they can only revoke their sponsor ship. so this is not correct?

 

Thanks

Srinivas

They revoke your H1B.

[sreenivas]

If they can only revoke H1B and they cannot cancel my I-94. legally i can stay in united states right ?

[jairichi]

If they can only revoke H1B and they cannot cancel my I-94. legally i can stay in united states right ?

If a transfer petition is pending with USCIS you can stay in USCIS. If not you are out of status.