anant.patel Posted April 15, 2015 Report Share Posted April 15, 2015 I need advice on below situation. > My current employer has send withdrawal h1b visa sponsorship request to USCIS today 4/15. I have got other fulltime opportunity from new employer and they are going to file h1b transfer in a week in Premium processing. What will be the implication in this scenario? > Should I file COS to b1/b2 ? > Should I have to inform my new employer that the current employer intend to revoke h1b? > How much time USCIS will take to respond on h1b withdrawal request? Thanks in advance for any advice. Link to comment
rahul412 Posted April 15, 2015 Report Share Posted April 15, 2015 Should I file COS to b1/b2 ? That should work. Link to comment
JoeF Posted April 15, 2015 Report Share Posted April 15, 2015 H1 revocation is irrelevant for you. The day you got laid off matters. And you obviously got laid off, otherwise, the H1 wouldn't get revoked. But again, forget about H1 revocation. You are out of status from the day after layoff. You should inform the new employer about the layoff. Usually, USCIS excuses a few days of being out of status, but it would be best if the new employer files the H1 ASAP. Link to comment
jairichi Posted April 15, 2015 Report Share Posted April 15, 2015 1. A week is fine. Do not bother to file a COS to B2. 2. Yes. 3. Response time does not matter in your case. Link to comment
pontevecchio Posted April 15, 2015 Report Share Posted April 15, 2015 When did you stop working for the current employer? 1. The revocation should not matter. 2. NO 3. No. Any employer knows about mandatory revocation. 4. That revocation has no connection to you. Either the new petition will be approved with an I94 in which case you are fine or the petition will be approved without an I94 in which case you leave and return with the H1 visa. Link to comment
anant.patel Posted April 16, 2015 Author Report Share Posted April 16, 2015 Thanks for all responses. Now I came to know that my current employer has not send withdrawal notice to USCIS, and they are still helping me to find new project, They have just terminated my employment yesterday so they don't have to pay me. Now in this case do I still need to inform my new employer about laid off ? as my new employer will file h1b transfer in PP by end of next week(they have already filed the labor so will get the labor next week). Thanks Link to comment
jairichi Posted April 16, 2015 Report Share Posted April 16, 2015 Thanks for all responses. Now I came to know that my current employer has not send withdrawal notice to USCIS, and they are still helping me to find new project, They have just terminated my employment yesterday so they don't have to pay me. Now in this case do I still need to inform my new employer about laid off ? as my new employer will file h1b transfer in PP by end of next week(they have already filed the labor so will get the labor next week). Thanks No pay = out of status. You need to inform new employer. Link to comment
JoeF Posted April 16, 2015 Report Share Posted April 16, 2015 Thanks for all responses. Now I came to know that my current employer has not send withdrawal notice to USCIS, and they are still helping me to find new project, They have just terminated my employment yesterday so they don't have to pay me. Unless they inform USCIS that you no longer work there, they still have to pay you. Link to comment
JoeF Posted April 16, 2015 Report Share Posted April 16, 2015 Thanks for all responses. Now I came to know that my current employer has not send withdrawal notice to USCIS, and they are still helping me to find new project, They have just terminated my employment yesterday so they don't have to pay me. The need to inform USCIS, otherwise, it is not a bona fide termination and they have to continue to pay you. See http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96 "Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation." Link to comment
pontevecchio Posted April 16, 2015 Report Share Posted April 16, 2015 If you want them to help you appropriately it is a good idea to keep them in the loop. Link to comment
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