H1B cancellation and transfer in same week.. URGENT

[phoenixbird]

Hello Team

My last day of job is Today 5th April and my current employer will send H-1B cancellation notice to USCIS next week , also my new employer filing my transfer next week ..

• What is the possibility if USCIS receive cancellation notice before transfer notice?
  
• Will USCIS neglect 2-3 days gap between cancellation and transfer ..
  
• My last pay check will be on 10th April and I think my new employer will file transfer before that ..So am I safe ..will transfer get approved ?
  

[metroguy]

Dont worry much.. cancellation generally takes 3-6 months to become effective even if they file it today. thumb rule, if you have even a single paystub for the month of your transfer you are good. i did my transfer following this rule and it was approved all the times. so all the best

[Attorney_10]

Generally, if the USCIS determines their is a gap in status, the Service may approve the H1B petition for consular notification and make a finding that the beneficiary is no longer maintaining valid H1B status. In this case, the beneficiary would need to depart the U.S. and re-enter with the new petition approval and valid, unexpired H1B visa. Alternatively, USCIS, in its discretion, may excuse a short gap in status and approve the H1B petition with an extension of stay. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case.

[phoenixbird]

Thank you Attorney_10

[wiweq]

Dont worry much.. cancellation generally takes 3-6 months to become effective even if they file it today. thumb rule, if you have even a single paystub for the month of your transfer you are good. i did my transfer following this rule and it was approved all the times. so all the best

That is wrong. The cancellation of the H1b has no meaning for beneficiary. At the moment employee- employer relation breaks, H1b is cancelled for employee. Now, it's employer's burden to cancel with USICS on time.

Btw, it doesn't take 3-6 months anymore. It’s now online and takes just 1-2 weeks. Again, this duration is meaningless for employee.

[phoenixbird]

Thanks metroguy