Manju34 Posted May 22, 2019 Report Posted May 22, 2019 Hi All need your help , I am currently working with company "A" with H1 valid till Jul/2019 and company B applied for the Transfer in Jan/2019 and it got approved in Mar/2019, but I didnt join company "B" , since there proposed position went on hold , I dont know even case number aswell of "B". Mean while applied for the company C and they applied for transfer from Company "A" through premium processing on 7/May/2019, I didnt disclose anything about the company B's approved petition to Company "C" . On 15th day (21/May/2019) after applying for transfer in Premium with Company "C" , My status of transfer got the changed to "Intent to Revoke Notice Was Sent" as below "On May 21, 2019, we mailed you a notice explaining our intent to revoke our earlier approval of the Form I-129, Petition for a Nonimmigrant Worker, filed on your behalf, Receipt Number EAC19xxxxxxx. The notice explains what we will do. Please follow the instructions in the notice and submit any requested materials. " The company "C" yet to get the mail notice . Mean while my current company "A" preparing for filing Extension + Amendment as I will be moving to new client in 2 weeks . My question is 1. Is this intent to revoke for my earlier Approved petition is with "A" or its with "B" or its with company C(I am assuming C got approval and revoking that ) as Approved status on the Company "A" is still showing as its approved ? 2. Can I go ahead with the company "A" with amendment + extension during company "C" handling intent revoke 3. Can I still continue with Company "A" when amendment is filed and waiting for status ,if my earlier Approval got revoked from Company "A". 4. If they revoke Approved petition with "A" , does "A" gets notice ? 5.what are the chance of getting approval of Company C? (I have to stop revoking approved and Approval with C) 6.whats are the alternatives to continue Working in US as I have still 3 years left in my H1B I know its premature to ask question without notice details , but some of them can be answered in general . I will update with more details when I get notice . Looking for help, Thanks in advance
care_candidate Posted May 23, 2019 Report Posted May 23, 2019 Your " On May 21, 2019, we mailed you a....." was about cancellation of employer B. They wanted to make sure you go ahead with C and cancel everything with B. So at this point, B is out of picture and you were moving from A to B. Obviously, employer A is going to start activity to extend your visa not knowing about your intention. You have only two months so it is really late for them to that unless they do premium, which they may do to make sure you don't go out of status. Amendment is just part of that application. 1. Revocation is about employer B. Just compare receipt notice and result. They should have same reference numbers. If it is about A, you have problem of going out of status. 2. No. Same decision will happen and they will cancel C and go with A+extension+Amendment. You actually have to mention about that during application. If you don't, there is possibility of getting RFE. 3. You can, but you need to know which employer is there on you I-797 approval. 4. Obviously, it is their right to know. 5. Nobody can answer that. 6. In order to simplify, you can just apply to cancel application for employer C and apply extension to employer A. Once you have that in hand then start activity to move to employer C. However, you may face some legal issue from employer A why would you want to extend if you had plans not to continue with them.
Manju34 Posted August 22, 2019 Author Report Posted August 22, 2019 Here is the latest update on my Case , I joined Company C based on Receipt notice which was on RFE My transfer to employer C got approved , The earlier updated status as "intent to revoke " was updated wrongly in USCIS site . The documnet sent by USCIS is about RFE for the specialty occupation and got 90 days time to respond. It got responded on 15-Aug-2019 and Got approval on 19-Aug-2019 as its applied in premium Processing earlier . But I just got extension only till 28/Sep/2019 as I got SOW for 3 months 😞. again I have to go through extension process all over again Thanks @care_candidate for responding to this . It was helpful
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