Is there a way to find if a H1B Petition is Withdrawn/Revoked

[stadala]

Scenario - 

 

Employer files for H1B for a resource in India

H1B Approved and Visa Stamped

Employer and Employee does not agree to terms after stamping

Employer says that he is withdrawing petition

 

Questions

1- How Can we check if he really revoked/withdrew petition

2 - If he did, can a different employer file for a H1B transfer as he is counted under Quota for a Year.

 

[rahul412]

Questions

1- How Can we check if he really revoked/withdrew petition

2 - If he did, can a different employer file for a H1B transfer as he is counted under Quota for a Year.

1. No need to know that, it won't help you in anyway

2. I think, you cannot go for H1 transfer without working for initial H1.

[sk.january]

The USCIS receipt # updates the status to the petition as withdrawn.The withdrawal's are usually processed at snails pace.

 

If H1 is revoked by employer A, the beneficiary may loose the benefit of being in quota. Also heard about cases similar to your friends where the H1 was transferred to B successfully - luck / depends on reviewing officer.

[adshah84]

The USCIS receipt # updates the status to the petition as withdrawn.The withdrawal's are usually processed at snails pace.

 

If H1 is revoked by employer A, the beneficiary may loose the benefit of being in quota. Also heard about cases similar to your friends where the H1 was transferred to B successfully - luck / depends on reviewing officer.

Being Quota has nothing to do with H1b revoke. It's a law and your employer have to let USCIS know within 30 days after your separation. It will not affect you being in quota in any means. 

[pontevecchio]

Since your visa is stamped you may change H1 employers. Withdrawal is not relevant to you. I would run your scenario by a lawyer and then look for another employer. The interpretation seems to be that a stamped H1 visa or working at least once for the sponsor lets you change employers.

[premkalyan521]

Even though the h1 is revoked by employer . He still is considered as cap expempt as he didnt use any time on h1 period

The USCIS receipt # updates the status to the petition as withdrawn.The withdrawal's are usually processed at snails pace.

If H1 is revoked by employer A, the beneficiary may loose the benefit of being in quota. Also heard about cases similar to your friends where the H1 was transferred to B successfully - luck / depends on reviewing officer.

[premkalyan521]

My dear Gud frnd rahul . Please allow me to correct you on no .2 .

Original poster can transfer with out issues to new employer . As he didn't come to us after the first h1 approval . He will not need to show that he worked for the first employer

1. No need to know that, it won't help you in anyway

2. I think, you cannot go for H1 transfer without working for initial H1.

[rahul412]

My dear Gud frnd rahul . Please allow me to correct you on no .2 .

Original poster can transfer with out issues to new employer . As he didn't come to us after the first h1 approval . He will not need to show that he worked for the first employer

 

There are some cases were it was not allowed, that's why I used "I think" in that statement.

[Arul S]

Hi, I have a scenario,

Employer files for H1B for a resource in India, H1B Approved and Visa Stamped.

Traveled to US and worked there for 1 year and came back to India, Stamped visa has expired. Switched to other company due to some personal reason.

Now I want to check

1. if petition filed by previous employer withdrawn or not -> Is it possible?

2. Is it possible to transfer H1B to new employer even if the visa expired and petition withdrawn by previous employer?

 

Note:- I checked case status in USCIS website for my last case number, it says "Case Was Approved And My Decision Was Emailed"