URGENT | H-1B Transfer after revoke notice sent my previous employer


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Hello all,


A little background about my case - I hold a valid H-1B petition through October 2018 based on an approved I-140. I was laid off by my employer on April 20, 2016, but, was kept on payroll through May 20, 2016. Per my discussion with the attorney at the last employer, they intended to send out a revocation notice to the USCIS on May 20/21, 2016.


(Of note is the fact that the employer does NOT cancel/revoke the I-140 petition)



I have since then found a new employer that will take over the H-1B transfer process and eventually will take over the green card process. Considering that I have received different feedback across multiple forums, I solicit your opinion on the following:


(i) Will the H-1B transfer be approved for the new employer?


(ii) If approved, what is the probability that I will require to leave the country for consular processing? Also, would you recommend that I leave the country now as opposed to waiting for a decision on the H-1B transfer?


(iii) Is there a possibility that the H-1B VISA can be denied at the consulate?


(iv) Assuming the H-1B transfer is seamless, would there be any impact on the green card application/process in the future?


(v) Where can I check the H-1B revocation status on the USCIS portal? I tried looking at the USCIS case status portal and the status does not say it has been revoked?


I would be obliged if someone that has been in a similar situation can respond at the earliest.


Many thanks!


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H1 revocation is completely irrelevant!
ONLY the day of layoff matters. That's the last day you are in H1 status.
Again, H1 revocation does NOT matter. I-140 is also irrelevant for the H1 validity.
The H1 is invalid from the time of the layoff on. Not I-140, not H1 revocation, ONLY the day of layoff matters. You are out of status from the layoff on.
USCIS may or may not excuse a few days of being out of status, there is no guarantee.
In any case, forget H1 revocation. That is irrelevant for you.

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