New H1B Petition (Initial Review) - Withdrawal Processing Time


opt2h1bpro

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Hi,

 

I am on OPT STEM valid till April 11 2015. I work for a Company A who filed for H1B (Non-AD & Regular) and got selected in the lottery. I have got an attractive offer from Company B. I have accepted the offer. I requested for premium processing with Company A and they are not interested. I believe they will withdraw my H1B petition once I quite the job. I would like to know what are my chances of H1B getting approved or withdrawn before approval. How long does it take for USCIS to update that the application is withdrawn and to stop the processing? I do have the receipt number with me. Company B's attorney say that I can join them now and since I have been already subjected to cap, we may be able to transfer, once its approved.

 

My main concern is H1B getting approved very close to Oct when my status will change to H1B from OPT. Then I will lose the my OPT as well.

 

I want to leave Company A because they are going to reduce my salary by 10 k saying that they no longer have salary protection due to recent changes in the compensation. As I am not associated with any LCA, I don't have any option to argue. I just want to leave this company and join Company B as soon as possible.

 

You advise will be very much appreciated.

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Hi,

 

I am on OPT STEM valid till April 11 2015. I work for a Company A who filed for H1B (Non-AD & Regular) and got selected in the lottery. I have got an attractive offer from Company B. I have accepted the offer. I requested for premium processing with Company A and they are not interested. I believe they will withdraw my H1B petition once I quite the job. I would like to know what are my chances of H1B getting approved or withdrawn before approval. How long does it take for USCIS to update that the application is withdrawn and to stop the processing? I do have the receipt number with me. Company B's attorney say that I can join them now and since I have been already subjected to cap, we may be able to transfer, once its approved.

 

My main concern is H1B getting approved very close to Oct when my status will change to H1B from OPT. Then I will lose the my OPT as well.

 

I want to leave Company A because they are going to reduce my salary by 10 k saying that they no longer have salary protection due to recent changes in the compensation. As I am not associated with any LCA, I don't have any option to argue. I just want to leave this company and join Company B as soon as possible.

 

You advise will be very much appreciated.

If company A withdraws the H1B petition before approval no new employer can transfer your H1B petition. You need to go under cap next year. Only if company A's petition is approved company B can file for transfer and you can start working on H1B after approval only from Oct 1st (earliest start date).

 

When you move to H1B status with company A they need to pay you equal or more than LCA. Otherwise they are in violation of labor laws. You will have the right to complain with DOL if paid less than LCA.

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Thank you for your response.

 

I was able to understand the process a little bit by reading the forums. One thing that not many people have answered in detail or written an article on the H1B Withdrawal processing time. Can someone shed some light on that matter?

 

Only if company A's petition is approved company B can file for transfer and you can start working on H1B after approval only from Oct 1st (earliest start date).

 

 

Even if I have OPT, I won't be able to start working with Company B until my H1B begins? My understanding is that I am not required to stay with Company A unless I wish to. Please clarify.

 

Thanks

Vignesh

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Thank you for your response.

 

I was able to understand the process a little bit by reading the forums. One thing that not many people have answered in detail or written an article on the H1B Withdrawal processing time. Can someone shed some light on that matter?

 

 

Even if I have OPT, I won't be able to start working with Company B until my H1B begins? My understanding is that I am not required to stay with Company A unless I wish to. Please clarify.

 

Thanks

Vignesh

With OPT you can change your employer anytime. You have to talk to your DSO.

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