H1b Withdrawn and time frame to find a New Employer


vibhavpkb

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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.

Questions:

  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?
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