Current H1B revocation and H1B transfer

[sruthiwsk]

Hi All,

I am planning to move from company A to company B. Company A requested for revocation of my current H1B and on the same day Company B sent documents to USCIS for H1B transfer process. Company B applied H1B transfer with premium processing.

My questions are:-

1) How long will it take for my current H1B revocation?

2) If request of Company A is accepted, will my current H1B will be revoked as of the date mentioned by Company A or it will be effective from the date USCIS made a decision?

3) If I get receipt number for my new H1B transfer before my H1B revocation, will I be in status and can I start working under company B?

4) Is there any risk of out-of-status in worst case in my scenario?

Please let me know. Thanks for your time.

[wiweq]

H1b revocation has no meaning for you. For you, the H1b was revoked on the day employee- employer relationship breaks. It’s employer’s burden to ask to USCIS to revoke the H1b. If they fail, they are breaking the law, and it doesn’t help the beneficiary in any case. You have to file COS/ H1b extension (transfer) on or before that day to stay in USA on valid status. If you fail, you are out of status. In case of COS/ extension you have to show pay-stubs till that day to validate you legal H1b status. If you/ or you employer filed COS/ H1b for you before that date you are good to go.