H1-B transfer upon approval

[rohmup]

I hope I could get some advise from you for my below situation -

1. I am a Masters graduate and has been working on OPT-EAD since Sep, 2010 (valid through Feb, 2013).

2. Company A (a prestigious US based consulting firm) filed my H1-B this year with proper documentation and I received the approval on June 29,2012. Since, company A has lost its project with client this year, it has terminated all their employees on June 30, 2012 with a 2-week prior notice period and I am one among them.

3. Company B has taken over the project with client from July 1,2012 and has guaranteed our jobs. So, currently I am working for company B in the same role as before.

4. Yesterday I received all my paperwork for H1-B approval from company A (Valid from 10/1/2012 through 9/30/2015). Company A's HR contacted me and she said she already sent out the withdrawal petition of my H1-B to Attorney in regards to my termination of my employment with them. Company B has not started working on transferring my H1-B petition yet. They are aware of the situation and hopefully there should be some progress next week.

My question is - if Company A sends out the withdrawal petition to USCIS even before Company B gets the transfer receipt from them. How well can this situation be handled? Is there any grace period that USCIS gives to the employee if he/she is employed with other company? Please let me know if there are any other complications involved here that I missed.

Your advises are very valuable. I appreciate your help.

[shandan]

Ask company B to file for a fresh H1, instead of a transfer.

[rohmup]

But H1-B quota for this year is all done. I can't wait till next year as my OPT will be expiring in the month of Feb and H1-B starts in the month of April

[rohmup]

My Main question is - how long does it take for USCIS to revoke H1-B after company A files my withdrawal petition? Also, since H1-B quota this year is all filled, I cannot apply for a new H1-B through Company B. I can only use my current H1-B that is approved through Company A. Please advise.

Thanks!

[lukky]

H1 transfer is same as New H1. there is nothing that gets transferred from old employer to new employer except the employee.

[pontevecchio]

A so called H1 "transfer" is also a new but non cap H1 petition. B should be able to handle the paperwork. Your question presumes the situation is yours to handle. It is not. B will sort it out. Worst case leave and come back with the H1 visa at the appropriate time.

[rohmup]

I just heard that company B is a non- E-verified company and they have problems with me working on OPT Extension. This is concerning me. Will that be illegal to work for a non-E verified company on STEM OPT extension? Going crazy