H1B Termination and Transfer to new employer


NHP

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Hi,

 

Here is my situation - I am currently working for a company AAA who processed my H1B, also last week i got an offer from another company BBB. So as soon as i received my offer letter i submitted my resignation letter to Company AAA before H1B Transfer initiated by BBB. Yesterday Company AAA submitted H1B termination to USCIS while i am still serving the notice period. And the company BBB will be applying H1B transfer probably next week.

 

So, Can someone help me in answering these questions-

1. If the H1B termination sent by AAA processed first then will i be out of status and leave the country upon receiving the confirmation letter from USCIC?

2. If AAA submitted my H1B Transfer while the termination is in processing, will the H1B transfer go through? Will i face any RFE's or any other problems?

 

Thanks

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Hi,
 
Here is my situation - I am currently working for a company AAA who processed my H1B, also last week i got an offer from another company BBB. So as soon as i received my offer letter i submitted my resignation letter to Company AAA before H1B Transfer initiated by BBB. Yesterday Company AAA submitted H1B termination to USCIS while i am still serving the notice period. And the company BBB will be applying H1B transfer probably next week.
 
So, Can someone help me in answering these questions-
1. If the H1B termination sent by AAA processed first then will i be out of status and leave the country upon receiving the confirmation letter from USCIC?
2. If AAA submitted my H1B Transfer while the termination is in processing, will the H1B transfer go through? Will i face any RFE's or any other problems?
 
Thanks

 

1. You are out of status from the last day of work with current employer AAA or H1B revocation, whichever is earlier.

2. As long as a receipt notice is generated before your last day of work with employer AAA or H1B revocation there is no problem.

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So, Can someone help me in answering these questions-
1. If the H1B termination sent by AAA processed first then will i be out of status and leave the country upon receiving the confirmation letter from USCIC?
2. If AAA submitted my H1B Transfer while the termination is in processing, will the H1B transfer go through? Will i face any RFE's or any other problems?

1. You will be in status till your last day at A. B has to file your H1 before you leave A. It doesn't matter whether your H1 is revoked or not by that time

2. A has got nothing to do with your H1 transfer. B has to file your new H1.

 

It was a mistake that you resigned before your H1 approval. What will you do if something goes wrong with B's H1?

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Ya i understand, that was a terrible mistake from me :(. Now i see "the previous decision made on your case was revoked and we mailed you a notice explaining the decision" for my case in USCIS site. 

So does that mean i am out of status now and leave the country immediately? If not, how much time do i have to leave or for my new employer to file the Transfer/H1b again now?

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Ya i understand, that was a terrible mistake from me :(. Now i see "the previous decision made on your case was revoked and we mailed you a notice explaining the decision" for my case in USCIS site. 

So does that mean i am out of status now and leave the country immediately? If not, how much time do i have to leave or for my new employer to file the Transfer/H1b again now?

Yes, you are out of status if new employer has not filed a cap exempt H1B petition.

Talk to new employer's attorney.

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Ya i understand, that was a terrible mistake from me :(. Now i see "the previous decision made on your case was revoked and we mailed you a notice explaining the decision" for my case in USCIS site. 

So does that mean i am out of status now and leave the country immediately? If not, how much time do i have to leave or for my new employer to file the Transfer/H1b again now?

If you are working for B then you are good.

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Thanks rahul412/jairichi, but my start date with new employer is in Last week May. And my new employer hasn't filed the H1B petition again, still work in progress. probably they will file early next week.

 

So now i understood that i am out of status. In this case i have to leave the country? What are my chances the new H1B petition will be approved? And will there be problems for my H1B stamping?

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Thanks rahul412/jairichi, but my start date with new employer is in Last week May. And my new employer hasn't filed the H1B petition again, still work in progress. probably they will file early next week.

 

So now i understood that i am out of status. In this case i have to leave the country? What are my chances the new H1B petition will be approved? And will there be problems for my H1B stamping?

New petition approval is based on employer's documents. It would be approved as consular processing.

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Thanks rahul412/jairichi, but my start date with new employer is in Last week May. And my new employer hasn't filed the H1B petition again, still work in progress. probably they will file early next week.

 

So now i understood that i am out of status. In this case i have to leave the country? What are my chances the new H1B petition will be approved? And will there be problems for my H1B stamping?

Might be approved without I94.

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