H1B premium processing suspension affecting Transfers


lifelike

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Posted

Hello I hope someone can help me on this. I was working with a boutique consulting firm (employer A) and got an offer from a big four consulting firm (employer B). B filed the petition for the transfer of my H1B visa on June 3rd, 2015 based on my latest pay stubs from employer A and valid I94 expiring on June 19th, 2015. I got the receipt on June 10th confirming that that my petition has been received by USCIS.

The petition was filed for premium processing but because of the temporary suspension of the premium processing by the USCIS for all cap exempt cases, USCIS notified my attorney that my case would be adjudicated through the regular processing channel, at least till july 27 when the suspension is lifted.

Now my question is:

1. Will there be a problem if the previous employer A requests USCIS to revoke my existing H1B petition and the revolution is actually implemented before the transfer petition filed by employer A is approved?

2. Also,because my I94 expired on June 19, though the transfer petition was filed on June 3rd when my I94 and H1B visa status were still valid. So again, will this cause any issue to how the USCIS adjudicates my case.

Your help and advice would be greatly appreciate.

Thanks!

Posted

Lifelike:

 

1) Not a problem if employer A revokes - Employer B has already filed their petition, therefore you are in a "period of authorized stay" while the new H1B is being adjudicated.

 

2) Not a problem, for same reason as "(1)"

 

If employer "B"'s petition is denied for some reason, however, you would immediately be "out of status" and "unlawfully present" and would need to depart the United States as soon as reasonably possible.

  • 2 weeks later...
Posted

Thanks for the response. In case there is an RFE, what would be my options? I haven't joined my new employer yet since they want the petition to be approved before I can join.

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