H1b revoked and new H1b petition is on the way


sunny19831979

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I got a new job and gave my 4 weeks notice to current employer. My new employer mail my H1b petition to transfer my visa to USCIS on Monday Jan 13, 2014 .

 

However, the day I gave my 4 weeks notice, my current employer contacted USCIS and he got my h1b revoked about 4 weeks ago. I did not even know that I am out of status till today.

 

I am currently in India and wanted to visit family before starting new job.

 

The new H1b petition (i-129) filed by new employer states that they are requesting a CHANGE of EMPLOYER and want USCIS to notify American consulate in India so that I can obtain visa and come back to USA.

 

I am worried that if I share with my new employer that my previous H1b has been revoked then he may panic and may hire someone else and I won't be able to come back to USA without a job offer and a approved H1b petition.

 

I am not a IT person and I do not work for clients. My previous job was with a small business and new job is also with a small business and either of these employers have never filed H1b petition before.

 

My question is: How likely is that USCIS will sens a RFE to my new employer stating that my previous H1b petition was revoked and it is not a change of employer, but a New employment?

 

 

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I got a new job and gave my 4 weeks notice to current employer. My new employer mail my H1b petition to transfer my visa to USCIS on Monday Jan 13, 2014 .

 

However, the day I gave my 4 weeks notice, my current employer contacted USCIS and he got my h1b revoked about 4 weeks ago. I did not even know that I am out of status till today.

 

I am currently in India and wanted to visit family before starting new job.

 

The new H1b petition (i-129) filed by new employer states that they are requesting a CHANGE of EMPLOYER and want USCIS to notify American consulate in India so that I can obtain visa and come back to USA.

 

I am worried that if I share with my new employer that my previous H1b has been revoked then he may panic and may hire someone else and I won't be able to come back to USA without a job offer and a approved H1b petition.

 

I am not a IT person and I do not work for clients. My previous job was with a small business and new job is also with a small business and either of these employers have never filed H1b petition before.

 

My question is: How likely is that USCIS will sens a RFE to my new employer stating that my previous H1b petition was revoked and it is not a change of employer, but a New employment?

By law an employer has to revoke H1B petition once an employee stops working for employer. Nothing wrong and this will not affect your future cap exempt H1B petitions. It was wrong from the part of your previous employer to revoke your H1B when you were serving your 4 weeks notice period. Everything is fine in your case and nothing to worry.

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By law an employer has to revoke H1B petition once an employee stops working for employer. Nothing wrong and this will not affect your future cap exempt H1B petitions. It was wrong from the part of your previous employer to revoke your H1B when you were serving your 4 weeks notice period. Everything is fine in your case and nothing to worry.

But my h1b petition and application that was submitted stated that I am currently employed and my h1b is good till sep 2015. Also the supporting letter stated that I am currently employed and my visa is good till sep 2015

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By law an employer has to revoke H1B petition once an employee stops working for employer. Nothing wrong and this will not affect your future cap exempt H1B petitions. It was wrong from the part of your previous employer to revoke your H1B when you were serving your 4 weeks notice period. Everything is fine in your case and nothing to worry.

But my h1b petition and application that was submitted stated that I am currently employed and my h1b is good till sep 2015. Also the supporting letter stated that I am currently employed and my visa is good till sep 2015

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But my h1b petition and application that was submitted stated that I am currently employed and my h1b is good till sep 2015. Also the supporting letter stated that I am currently employed and my visa is good till sep 2015

Things can change from the timing of filing a H1B petition and approval of petition. USCIS is aware of this. Since you left US and now in home country you are fine and there is nothing to worry.

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