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got fired form my job

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by pocho1, Dec 12, 2003.

  1. pocho1

    pocho1 New Member

    Hi everyone;

    My I-485 is pending (NIW) but today I got fired form my job; my H1B is valid till 2005. Will the ex-employer cancel the H1B visa? I have an interview next week and a pretty good chance to land the job. If the ex-employer has canceled the H1B, will this cause problems with transferring the H1B (prolonging it, etc)?

    Many thanks.
  2. ginnu

    ginnu Registered Users (C)

    My I-485 is pending (NIW) but today I got fired form my job; my H1B is valid till 2005. Will the ex-employer cancel the H1B visa?
    --- Yes, he can revoke the H1 petition, Visa stamp is NOT revoked as Visa stamp is stamped by consulate or DOS
    I have an interview next week and a pretty good chance to land the job.
    ---- Good Luck!!
    If the ex-employer has canceled the H1B, will this cause problems with transferring the H1B (prolonging it, etc)?
    ------- For H1 transfer you need recent pay stubs, if the past employer revoked the H1 before you file H1 transfer then I see problem because Transfer is from H1 to H1, if past employer revokes H1 then you don’t have base for H1to H1 transfer. If the past employer has sent request to revoke the H1 you can ask them, if they sent request to revoke then file NEW H1 and after approval you have to go out get new H1b visa stamp and enter on H1 status with newI-94
  3. pocho1

    pocho1 New Member

    Thanks for your reply.

    I think I should be more specific; the fact is that I do not need the H1 transfer to be approved since my EAD has been filed in Nov. 2003 and I should get it either in Jan. or Feb. 2003. The new employer cannot wait for the EAD to come and need me now. Would it be illegal for them to file the H1 transfer (so I can start to work with them) and within two month I use my EAD and withdraw the H1 transfer?

    You help is appreciated.

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