H1B transfer

[Sid71]

Hi,

If I transfer my H1B visa to new employer and start working on the receipt notice.

Can I ask my existing employer not to revoke my visa until I get the H1B decision? Is it possible?

If yes, how many days since it needs to be revoked?

Thank for the help!

[JoeF]

The old employer is required BY LAW to inform USCIS when you no longer work there. This can't be delayed. If he doesn't inform USCIS he would have to continue paying you. If he wants to hire you back later he would have to file (and pay for) a new H1 petition.

[gopalakrishnach]

As per law whenever employee leaves company employer must let USCIS know and must revoke approved H1B. They cannot delay it or else employer must pay employee. I feel most of the employers will inform USCIS as soon as they can.

Talk with your old employer and see what they can offer to help you...

[Zodiac System]

Depending on the terms/agreement at the time of your hire with the existing employer, you may be able to request him to not revoke your visa until your current H1b decision.

[JoeF]

1 hour ago, Zodiac System said:

Depending on the terms/agreement at the time of your hire with the existing employer, you may be able to request him to not revoke your visa until your current H1b decision.

The visa is never revoked.

The employer is required BY LAW to inform USCIS when the person on H1 is no longer working there. That results in revocation of the H1 petition (not the visa.) This can not be delayed. If the employer fails to inform USCIS the employer has to continue paying the ex-employee, per DOL rules. A termination of the employment is only effective once the employer has notified USCIS.

Edited July 28, 2020 by JoeF

[Zodiac System]

2 hours ago, JoeF said:

The visa is never revoked.

The employer is required BY LAW to inform USCIS when the person on H1 is no longer working there. That results in revocation of the H1 petition (not the visa.) This can not be delayed. If the employer fails to inform USCIS the employer has to continue paying the ex-employee, per DOL rules. A termination of the employment is only effective once the employer has notified USCIS.

Thanks for your input.  Some employers have reserve funds/buffer amount of the employee set aside which is used at such times, and salary/bonus is paid from these buffer funds (please correct me if I am wrong).  Not sure what kind of agreement/contract this candidate has with his employer.  Employer may also want to oblige the employee in a hope that if relations are good, candidate may return back to them some day or refer other candidates.

Edited July 28, 2020 by Zodiac System