Successful H1B transfer on a EVVC model, after a revocation

[kumar.kv]

Guys, I have got some good news to share.

I was working for a top US consulting company, but was terminated on 3/29/13. By law, employers are supposed to revoke petitions of terminated employees immediately and my company did exactly that. On 4/12/13, I checked my petition status on USCIS site, and it read 'revoked'.

I had a valid visa stamp until Jan 2015, so I did not leave USA immediately. I finally got a new job and they filed my transfer petition on premium processing on 5/3/2013. But I was really worried about 3 things:

1) The transfer petition was filed after my previous petition was already revoked.

2) The new job was on a EVVC model. Though my employer said all the required contract documents are submitted, including a client letter that clearly states a valid employer-employee relationship, I was still worried.

3) The most recent pay slip I had was more than a month old.

Having read all those negative comments about the chances of cases like these , I was preparing myself for an RFE/Denial.

But on 5/8/13 (just the 4th business day) my petition was approved without an RFE :))

Feel free to ask any questions u have at keerthikumardotvratgmaildotcom

[rahul412]

I was working for a top US consulting company, but was terminated on 3/29/13. By law, employers are supposed to revoke petitions of terminated employees immediately and my company did exactly that. On 4/12/13, I checked my petition status on USCIS site, and it read 'revoked'.

I had a valid visa stamp until Jan 2015, so I did not leave USA immediately. I finally got a new job and they filed my transfer petition on premium processing on 5/3/2013. But I was really worried about 3 things:

So what was your status from 3/30 to 5/3??

[0407]

Hi,

Did your on line status of previous petition show "revoked" before new petition

was filed?

[kumar.kv]

My stay during 3/30 till 5/3 - 'Out Of Status'

Yes, online status showed 'revoked'

[0407]

Did you get new I94?

[kumar.kv]

Yes, i just received a copy of my approval notice from my attorney, and it does have a new I94.

[0407]

Congrats!!

[nikhil31]

Is there any defined number days (1 month or 3 months or 6 months) one can be 'out of status' till one files a new petition following revocation of an old one?

[rahul412]

Is there any defined number days (1 month or 3 months or 6 months) one can be 'out of status' till one files a new petition following revocation of an old one?

No. Their is no grace period if your H1 is revoked.