Moved to new Employer on EAD, old employer H1B revoked

[sat_murthy]

Hello geeks,

 

I recently moved from employer X to Y,  X is my GC sponcered employer and Y is new employer and I gotthe same job profile and exactly similar duties but as sson as joined with Y  employer X revoked my H1B.

 

I have EAD and 485 is being pending form more than an year. I am planning to file AC21 aswell in soon. 

 

My question was since i am out of H1B status  and this H1B revoke wll have any effect on my future renewal of EAD or 485?

 

Thanks in advance.

[pontevecchio]

It will have no effect. An Employer is SUPPOSED to revoke the H1 of an ex employee by Law.

[Belle]

No, it will not.

[JoeF]

The revocation of the old H1 petition is completely irrelevant for you. It will not have any effect. There seems to be a rumor out there about revocation being bad, but that's not the case. Don't listen to rumors.

[chintu45]

pontevecchio - Which employer (new or old one) suppose to revoke H1B if you use EAD at new employer?

[pontevecchio]

@chintu, A H1 sponsor is legally supposed to revoke the H1 petition of the employee who leaves. What part of this sentence is not clear?

[venki080]

@ponteveccio,Belle,Joef

I follow our posts closely.THC for the help you do for the immigration community. I had a similar situation as the OP.

PD:Apr 2008 might get current hopefully soon

I485 filed by employer A pending for >18 nmonthsLeft employer A joined employer B on EAD

Employer A will not revoke I140 but has cancelled my H1b ( received revoke notice from USCIS on jun 3 2013).

I have not filed AC 21 after joining B.

What are chances that I get RFE considering H1 b cancelled.

Is it better to wait for rfe now or proactive file AC21 .Is there a chance for I 485 to be approved without RFE

[pontevecchio]

I would leave it be . But you will do well to discuss your SPECIFICS with a Good Lawyer and make a plan of action.

[JoeF]

It is always best to file AC21. That helps a lot avoiding getting an RFE, because they then know that you have changed the employer, and they don't have to send an RFE to find out...

[Belle]

Depends on what makes it to your case first - your AC21 request or H1 cancellation. The USCIS takes time to look at AC21 requests. It's also entirely possible to have I-485 approval without an RFE, however, I believe, in that case having filed an AC21 request helps make your case more solid.

[venki080]

@Belle

My Hi B has been reviked and uscis sent me a revoke notice on June 3 2013 . With this said do you think my file has been updated with the H1 B revoking.

 

H1B revoke at california center

my 485 pending at nebraska

[Belle]

@Belle

My Hi B has been reviked and uscis sent me a revoke notice on June 3 2013 . With this said do you think my file has been updated with the H1 B revoking.

 

H1B revoke at california center

my 485 pending at nebraska

No. I-485 and H1 are different cases. The information is likely - eventually - converge, but nobody knows when it happens.

[chintu45]

Belle,

My new employer B hasn't filed H1B but accepted on valid EAD and has also filed AC21 on my behalf after joining.

How to find out if old employer A has revoked H1-B?

 

Thanks,

[venki080]

@Chintu

You will get revoke notice in mail as in my case.

Additionally if you track add the h1b case to the USCIS tracker you will see latest status

[zak74]

So if I join another employer on EAD and file AC21, and old employer reovked H1B.

After this, is it possible to file a new H1B or H1B transfer? I mean re-activating the H1B with the new employer possibe?

[zak74]

bumping this to see if any one can answer my last post :-)

[zak74]

So if I join another employer on EAD and file AC21, and old employer reovked H1B.

After this, is it possible to file a new H1B or H1B transfer? I mean re-activating the H1B with the new employer possibe?

 

BUMP

[pingpong]

Responding in case someone is looking for info.

 

 

I have know a colleague of mine mention something of H1 re-instatement. Speak to an immigration attorney (better the one your employer engages) and they should advice you on the process.