Old Employer Revokes H1b after New H1b Approval

[aarora3]

Hello,

Please advise on my situation below:

I was terminated from my old employment on April 1st. I was already in the interview process with another company and was offered a job and they filed my H1b transfer through premium processing which was subsequently approved on April 20th. I have pay slips from my old employer until February 29th. For the month of March, I was asked to take unpaid vacation and have no pay slip for the month of March and also from April 1st to 20th.

My old employer has informed me that he will be revoking my visa from March 1st. I requested him to do it after April 20th but am not sure if he will do that. So obviously my question is what happens if he decides to revoke the visa from March 1st? Does that impact my new visa? Can USCIS question my eligibility for the new visa and revoke my new visa? Do I need to inform the lawyer of my current employer? Please advise what should be my next steps.

Thank you.

[pontevecchio]

If you got an I94 with the transfer you are fine. He is supposed to revoke your previous petition when you are terminated.

[JoeF]

"Unpaid vacation", i.e., being on bench without pay, is not allowed on H1.

So, you got laid off on March 1.

This can come back to bite you later on, if USCIS wants to see a paystub for that time.

Never agree to something like "unpaid vacation" while in the US on H1.

[aarora3]

So what should be my next step? Should I push my ex employer to give me the pay slip and if he doesn't comply then complain to DOL?

Can this have a negative impact on my current H-1b visa? to the extent that I can run into isues during visa stamping or perhaps my current h1b visa getting revoked?