AC21-H1B revoke

shiva77

Registered Users (C)
I am sharing a small relief of "no more slavory" as I passed the 180 days
period race to change the employer with thousands of comrades filed on july 2nd.As I read in this forum if the employer do not cancel the I-140, CIS will never know that we changed the employer using AC21 portability.
But employer has to cancel the H1-B even if they don't cancel I-140.
So, how CIS will not know that we changed the employer based on at least the cancelled H1-B ? Do anyone know about this?
 
The canceled H1B will let them know you left the employer.

But H1B's are not handled by the same USCIS people as those who handle I-140/I-485, and it is possible that the employee receiving notice of the H1B cancellation won't even know of the existence of an I-140 for the same person (you). But if they know about the related I-140, they might send an RFE to find out if the job offer is still intact.

So it's not so much about whether they will know you left the employer ... they obviously will know that once the H1B is cancelled. The real question is .... at the time they find out about you leaving the employer, will the person acting on that information realize you have an I-140? You won't know the answer until it happens.
 
Last edited by a moderator:
The canceled H1B will let them know you left the employer.

But H1B's are not handled by the same USCIS people as those who handle I-140/I-485, and it is possible that the employee receiving notice of the H1B cancellation won't even know of the existence of an I-140 for the same person (you). But if they know about the related I-140, they might send an RFE to find out if the job offer is still intact.

So it's not so much about whether they will know you left the employer ... they obviously will know that once the H1B is cancelled. The real question is .... at the time they find out about you leaving the employer, will the person acting on that information realize you have an I-140? You won't know the answer until it happens.
You can still be in H1-B status when you use AC21, if the new employer files for a H1-B transfer.
 
Top