H1B Transfer in progress & old employer asking to submit original petition


oibmuser

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Hello Friends,

My H1B visa transfer is in progress. I have received the Receipt number but unfortunately I have got RFE on my case. The new employer will take some time to respond. In the meantime I have resigned from my current employer and they have asked me to submit the Original H1B Petition papers so that they can cancel this petition & initiate the relieving process.

Question: My last date with current employer is 03-Jan-12. Will there be a problem if there is no decision taken on my H1B transfer request by 03-Jan-12, and my current employer cancels the H1B petition that I am currently holding? Will that make me 'Out of status'?

Please advise.

Thanks,

OIBMUser

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You should not or you dont have submit anything to current employer to cancel or release you. Please do not give anything to them.

You can continue work for your current employer without any problem once you recieve your receipt number. All is well if your current transfer get approved after RFE, if not then it will be a problem for you.

i will give my scenario as an example:

Company B filed my visa transfer and pending with USCIS for 4 months with status initial Review.

Then another Company C filed for my transfer in premium processing and i got both the petitions approved.

So for safeside i think you can ask someother employer/company to file H1 transfer based on your receipt notice.

But remember onething you cannot do anything if current RFE gets any negative unfortunately, at the sametime if your previous employer cancel your visa then you will belongs to no where, so you dont have to share any documentation with your previous employer once you are out of their office and client.

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