H1b Withdrawn and time frame to find a New Employer


Recommended Posts

Hi All,

          My name is Vibhav and I am married. My situation timeline goes like this:

  • Until December 6th, 2016 I was working on F1b for a small business company A
  • On December 7th, 2016, my H1b visa was approved which was applied by company B on In house basis.
  • On December 7th my current employer A did not accept to transfer my H1b.
  • So, I was on payroll of company B from December 7th and they ran my pay according to the petition even though I was on bench till the last date  
  • USCIS came to a site visit to validate my petition on Feb 8th, 2017 and by law, I should be at the in-house location. But I was not at the in-house location, as I am staying with my wife.
  • Company B stated that I went for a client visit to USCIS officer and when the officer called me I said I will meet him in person on Feb 17th, 2017, which I did.
  • He is not convinced by my explanation and due to lack of proof, USCIS officer said he will send the report to USCIS main office as a non-incompliance.
  • Now Company B got frightened and withdrew my petition.  
  • On March 9th I found a Company C who will Transfer my H1b, only after getting a project.


  1. What is the grace period to file H1b transfer?
  2. As Company B withdrew my H1b petition do I possess a valid H1b so that I can have the company C transfer it in the first place?
  3. Does the new rule which is active from  Jan 17th, 2017, about the 60 day grace period, apply in my case?
Link to comment


This topic is now archived and is closed to further replies.