H1 B transfer. H1B stamped in passport.Previous employer has revoked.

[jinny305]

Hello

 

I was employed in USA with company A on H1B. My H1b is stamped in my passport and valid until end of Aug 2013.

 

I left my job with employer A in march 2012 and returned to India the very next day and I have been in India ever since.

 

Now my current employer Employer B in India is willing to transfer my H1B.

 

My question is can Employer B fie my H1B transfer application with USCIS?

 

What will be next steps from here for me to return back to USA?

 

[Attorney_11]

The new employer should generally be able to file an H1B petition for an individual who has previously held H1B classification and not exhausted the six years in H1B provided the individual has previously been counted against the H1B cap. If the H1B visa has not expired in the passport, and a new H1B petition has been approved to work for another employer, it is possible, in most cases, to use the old H1B visa and show the new employer’s H1B approval notice to request admission to the United States in H1b status at the port of entry to work with the employer whose name is not listed on the H1B visa in the passport.

[thinking987@gmail.com]

Hi There,

 

I was working for employer A, went to India for a vacation (family visit after 5.5 years) and H1B visa stamping in month of May 2013. I got my visa stamped till July' 2015. I needed to over stay in India due to unplanned marriage after my visa stamping. This triggered the end client to terminate my assignment with them (two days notice was given to my employer), followed by my employer to withdraw their H1B sponsorship without proper notification after my wife and me returned to USA - 6/20/2013 (As per their company rules, they allow 30 days of Leave Of Absence only. Can get extended with proper superior approvals and continued assignment after extension), brought both me and my wife to out of status. Upon request to my employer A on 07/01/2013, I came to know that my H1B sponsorship was withdrawn on 06/24/2013. Then I started looking for new employer B and end client assignment. Found end client assignments for both my previous employer A and my new employer B. Now both employers i.e. my previous employer A and my new employer B are willing to sponsor my H1B. Below are questions I have and need immediate clarifications/answers.

 

Note: Currently, my wife and me are staying in US (Out Of Status) with valid H4/H1B visas and valid I-94s.

 

1. Which employer is consider to be safest i.e. employer A or employer B (Chances of getting H1B approved from USCIS without any issues)?

2. When can I start working for a employer as per H1B portability act/rule? Can I start working immediately after filing H1B with USCIS or should I need to wait till the petition is approved? Please explain the start date for both my previous employer A and my new employer B. 

3. Till what date I'm consider to be Out of Status? Will I be consider in status immediately after filing H1B or I need to wait till my H1B is approved and I-94 is renewed.

4. What is my wife status now? what should I do to get my wife to proper H4 status?

5. Do we need to leave USA immediately and return after everything is settled down?

 

Any response regarding this would help me greatly.