H1B revoked BEFORE H1B transfer petitioned


tigasc

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Hi

I got an offer letter from Company B, to which I accepted, a little over two weeks ago. I communicated my exit to my previous employer (Company A) then--since there was a lot of work to be done to close my projects etc. my last day was this past Monday, Dec 23rd.

The issue is that today (Dec 26th) I receive an email from USCIS saying that my visa from Company A was revoked (the lawyers apparently we're very fast at closing that chapter). Now the attorney from Company B (the one I accepted the offer for) is saying that things just got complicated substantially. Apparently the Visa transfer has not been filed (Company B attorney's fault) and I guess that makes me OOS.

What are my options now?

1) Can my previous employer (Company A) pull back from the revoke? I wasn't fired or anything, it was just a communication/timing issue. No one from company A ever told me that they would revoke my Status 1 business day after I left.

2) If the attorney from company B files the petition now/tomorrow, is it okay? Or too late? The stamp on my passport doesn't expire until Sep 14th 2014.

3) Do I have to wait until April for the H1B petition period while outside the country?

I'm extremely worried. Both my wife and I are very scared. I have a mortgage, bills to pay, kid in school, and what worries us the most, we have a 7 day old daughter...

Please help, what are our options?

Thank you!

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Hi

I got an offer letter from Company B, to which I accepted, a little over two weeks ago. I communicated my exit to my previous employer (Company A) then--since there was a lot of work to be done to close my projects etc. my last day was this past Monday, Dec 23rd.

The issue is that today (Dec 26th) I receive an email from USCIS saying that my visa from Company A was revoked (the lawyers apparently we're very fast at closing that chapter). Now the attorney from Company B (the one I accepted the offer for) is saying that things just got complicated substantially. Apparently the Visa transfer has not been filed (Company B attorney's fault) and I guess that makes me OOS.

What are my options now?

1) Can my previous employer (Company A) pull back from the revoke? I wasn't fired or anything, it was just a communication/timing issue. No one from company A ever told me that they would revoke my Status 1 business day after I left.

2) If the attorney from company B files the petition now/tomorrow, is it okay? Or too late? The stamp on my passport doesn't expire until Sep 14th 2014.

3) Do I have to wait until April for the H1B petition period while outside the country?

I'm extremely worried. Both my wife and I are very scared. I have a mortgage, bills to pay, kid in school, and what worries us the most, we have a 7 day old daughter...

Please help, what are our options?

Thank you!

1. No. The only way company A can help you is filing a cap exempt petition for you again. No sane employer would do it unless you are indispensable. What company A did is absolutely correct and you have to update your knowledge of immigration laws.

2. A few days OOS does not affect your new petition.

3. If you have not utilized 6 years on H1B then it is a cap exempt petition and you do not have to wait till April 2014 for filing.

 

If employer B is not going to file a cap exempt H1B petition for you and H4 for your wife and kids then file a COS to B2 to be in status in US. Once a H1B petition is filed upgrade it to premium processing and after approval withdraw COS to B2 application. Keep employer B's attorney informed of every step you make.

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Hi

I got an offer letter from Company B, to which I accepted, a little over two weeks ago. I communicated my exit to my previous employer (Company A) then--since there was a lot of work to be done to close my projects etc. my last day was this past Monday, Dec 23rd.

The issue is that today (Dec 26th) I receive an email from USCIS saying that my visa from Company A was revoked (the lawyers apparently we're very fast at closing that chapter). Now the attorney from Company B (the one I accepted the offer for) is saying that things just got complicated substantially. Apparently the Visa transfer has not been filed (Company B attorney's fault) and I guess that makes me OOS.

What are my options now?

1) Can my previous employer (Company A) pull back from the revoke? I wasn't fired or anything, it was just a communication/timing issue. No one from company A ever told me that they would revoke my Status 1 business day after I left.  They did the right thing.  They cannot undo the revocation. And you are quite arrogant to even suggest such a thing

2) If the attorney from company B files the petition now/tomorrow, is it okay? Or too late? The stamp on my passport doesn't expire until Sep 14th 2014.  Sure they can file but it won't be a transfer and you cannot begin working without an approval. 

3) Do I have to wait until April for the H1B petition period while outside the country? No

I'm extremely worried. Both my wife and I are very scared. I have a mortgage, bills to pay, kid in school, and what worries us the most, we have a 7 day old daughter...  All of these are personal issues and are of no interest to the USCIS I hope you have savings to tide you over. Pay for PP.

Please help, what are our options?  The attorney will file; you wait; you may have to exit if approved for consular processing rather than with attached I-94.

Thank you!

 

Congrats on the baby

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