H1 Transfer before old H1 is revoked

[irobo20020]

Hi, I got my H1 extended in July 2019 and got stamped on September 3rd and i lost my job (asked to forcefully resign) on 30th September 2019 (my last working day). Now i am in India and reached out to another employer for transferring my H1, and another employer is asking me to travel to US on my old Employers H1 (I checked and my H1 is still not revoked yet). and this employer is saying he will file as soon as i enter into US. And i lived in US for 11 years (2007 - 2018) before i came back to India. What if i travel to US on my existing H1 and valid Visa, Will Visa be valid until my H1 is revoked? what if my H1 is revoked soon after i travel, will i have any grace period to apply for H1 transfer in case if this employers filing got delayed a little. and I know my previous company will also revoke my I-140, if so, can i go for extending my H1 once my H1 is expired in US before my new employer apply for Perm and got approved

[care_candidate]

This can be considered as fraud. You should not arrive in US with intention shown is document as working on one employer and having being fired already. You may have documentation for that but it will create lot of issues in future. What is the reason that your new employer don't want to file H1b before you come to US?

The second part of your paragraph doesn't make any sense as grace period is given to gather you things before leaving US or to find another job in that short time. It's not designed to return with another job.

[JoeF]

You can NOT travel with the old H1. It would be immigration fraud, because the job no longer exists.

Stay away from an employer who asks you to travel with that old H1. They are frauds.

If an employer wants you they can file a new H1 with Premium Processing, which takes 15 days.

Oh, and your old employer also seems to be shady. Forcing you to resign means that he didn't have to pay for your flight back to your country. If you had been laid off the employer would have to pay for the flight.

Edited November 15, 2019 by JoeF

[User099]

Visa denial or petition denials are not career ending events, but if you are denied entry at POE or caught for fraud it will be a much bigger issue. Your H1 might valid at this point, but it can change by the time you land here. 

Its not worth it. Get a new petition and travel is the best option. 

Employer who is asking you to travel on your old H1 has NOTHING to loose if you get caught.