H1B Transfer & Out of Status Issue

[devilsown55]

Hello Friends,

 

Here is my situation.

 

My last employment date with current company is November 20th.

 

My new company has already filed H1B transfer peition on November 11th under premium processing. My start date with new employer is December 5th.

 

As per USCIS it takes 15 calendar days to make a decision. Assuming the decision comes as "Approved" on November 25th

 

1. Will I be "out of status" from November 20th till November 25th or till December 5th?

[jairichi]

 

Hello Friends,

 

Here is my situation.

 

My last employment date with current company is November 20th.

 

My new company has already filed H1B transfer peition on November 11th under premium processing. My start date with new employer is December 5th.

 

As per USCIS it takes 15 calendar days to make a decision. Assuming the decision comes as "Approved" on November 25th

 

1. Will I be "out of status" from November 20th till November 25th or till December 5th?

 

Nope. You are in status. As long as a decision is pending with USCIS you are fine.

[devilsown55]

Jairichi,

 

Thank you for the feedback. Another quick question came to my mind:

 

1. When my new employer files for the transfer petition on November 11th, can my old company revoke the peition after November 20th?

[jairichi]

 

Jairichi,

 

Thank you for the feedback. Another quick question came to my mind:

 

1. When my new employer files for the transfer petition on November 11th, can my old company revoke the peition after November 20th?

 

By law old employer has to revoke your H1B petition by sending a request to USCIS after you stop working for that employer.

[devilsown55]

By law, does the employer need to send request for revoking before the last date or after the last date? In my case it would be before or after November 20th?

[jairichi]

By law, does the employer need to send request for revoking before the last date or after the last date? In my case it would be before or after November 20th?

It could be before or after. But, it will not affect you as you are working with old employer till Nov 20th when your new employer has already filed a cap exempt H1B petition on Nov 11th.

[devilsown55]

So even if my old employer files for revoking after 11th November (I.e. After my transfer petition to new employer starts) will it affect my transfer process?

[jairichi]

So even if my old employer files for revoking after 11th November (I.e. After my transfer petition to new employer starts) will it affect my transfer process?

Yes, as long as USCIS has received your application and issued a receipt notice.