H1B transfer in RFE and previous petition revoked

[rajat karma]

Hi. I had my H1B Visa from my employer A which was valid till next year end. Employer A laid me off in the end of September and I got a new employer B who submitted my petition around mid of October in premium and got my receipt number around 3 days after that. I started working for the new employer on the basis of receipt number.

Now I received a RFE(education) on this new transfer petition by employer B in October end and my previous employer has revoked my previous petition on 1 Nov, while I am still collecting the document for RFE response.

Question - 1. Am I in unsafe situation as it is a transfer and the older petition from which the VISA is being transferred has been revoked?  My employer is a big organization and they mentioned that they have a very good reputation with USCIS and lets provide USCIS what they need. But I want to know if I should take any help externally from any other attorney regarding this or should just work with my employer only?

2. Should I delay in providing RFE response to delay any possible denial and start preparing for the worst case if I receive denial? Because it is premium processing and USCIS will give the decision in 15 days. So should I delay this by delaying in providing the response for the time available to send RFE response?

3. What if at all the transfer gets rejected even after RFE response? Would I have any option of appeal or reapplying for H1B cap exempt?

 

Thanks

Rajat

[JoeF]

The old employer was required by law to inform USCIS that you no longer work there. That has no effect on your current petition.

[Rita85]

I am in the same situation. Did your employer hire an attorney?