kaparaki Posted October 11, 2013 Report Posted October 11, 2013 How long does it take for h1b to be cancelled by an employer? After cancellation if a transfer request reaches USCIS with proper documents how is this case dealt with?
your_suf Posted October 11, 2013 Report Posted October 11, 2013 Hi cancellation won't take too long (within a week in my case) If your spouse is on H1..please change the status to H4 before cancellation. Then you can file for H1 without any issue. Don't get into a position where you will applying for transfer after its cancelled...you cannot file for transfer once you are out of status. Moreover DOL is closed shutdown...so you will wait for LCA until DOL opens...until then your current H1 will cancelled and you will be out of status immediately. I am going through that hell at the moment :( If you don't have H1 spouse..Then good luck.
pontevecchio Posted October 11, 2013 Report Posted October 11, 2013 Revocation is a legal requirement. Transfer implies you are in status at the toime of application.
omshiv Posted October 11, 2013 Report Posted October 11, 2013 USCIS deals with it and the employer is required to inform them once they terminate you or you leave them.
JoeF Posted October 11, 2013 Report Posted October 11, 2013 Expect that the old H1 is revoked immediately upon leaving/layoff.
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