H1b transfer after revoke

[naiki007]

Hi Everyone,

My last date of employment was 11/16/2012(last friday). My employer has verbally told me that they will send out a revoke request to their lawyer after 30 days of last employment which is 12/16/2012. (But that was verbal). So I have 1 month time but I guess I'm out of status since I will not be paid after my last date. Fortunately I have a job in hand but the employer hasn't rolled out an offer. They said they will file the petition for transfer in premium. But I'm not sure when that will happen. They, of course, do not know about this. Also my visa Stamped is valid till mid-2014. So I'm good on the visa stamping part.

My questions are:

1. If I decide to go to India now to prevent myself of running into trouble of being out of status (since i do not have a job and the new job start date is not known), and my old employer revokes the petition, can the new employer still transfer the revoked petition while I'm in India ? In that case should I be going for a stamping for my new employer ?(Currently my visa is valid till mid-2014.

2. While the new employer transfers the revoked petition while I'm in India(considering that is possible) do I need latest paystubs for the transfer process? I will be in India(may be under vacation) so will not have any paystubs for December 2012 for the transfer. Will that impact my approval process?

Thanks a lot in advance

[sandeep424]

Hello

Hope this email finds you in a good condition. I am in the same condition now as you are in. Briefly speaking, my condition is --

I got laid off from Company A on January 31st, 2013. The company promised me that they would report to USCIS about my suspension only after March 2nd week. So, I started searching for new job and I got one. The new company B started my processing this week and they told me that they received confirmation of my LCA filinf today. But the thing is that my last pay check was on January 15th and from January 15th to 31st I didn't receive a pay check beacuse I was working on no-pay (as they had to cover my India vacation trip which I had taken till January 20th i.e. they didn't remove the no-pay vacation from January 1st to 15th but they removed it in Janaury 15th to 30th pay slip). So now my new Company B HR states that I have to travle out of USA to get a new I-94.

So my questions are:

(i) Will there be any problems in my H1B transfer. I am ready to go out of USA and come back to get a new I-94 if it requires?. But now I am tensed whether my H1B transfer will go successfully?

(ii) Any other advices of how to proceed on my problem are welcome?

What did you in your case, did you visa got transferred successfully?. Please please reply me back.

thank You in advance.