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I had a H1B visa holder.I lost my job a month ago(March 5 \'02).My company said that they will go ahead and cancel my H1.
*** IF THEY SEND A LETTER TO INS FOR H1B to be cancelled it will take 3-4 months to cancell your H1b as it is not priority for INS
I appiled for a h1 transfer through a consultant on april5.I did not get my new h1 yet.
** THEY DAY YOU FILED TRANSFER with INS and you have a proof that your case was recieved by INS service centre you can start working for NEw Employer
Now can i travel to india in the month of may.My question is it risky to go as my employer said that he will cancel the h1 and i donot have a new h1 in hand by that time.
Better you should delay your India visit for some time till you recieve your new H1b Approval notice if it is VSC you can expect in 70 days from filing, this is for precaution becaue everyday new rules are coming from INs it will be better if you have approval in your hand then get your H1B visa stamped in India and come.
If you have urgency you can leave for India but make sure that your new employer sends you H1b approval in India and a Letter+ copy of I-129 Certified by lawyer and LCA copy, why take the risk ? wait for the approval then go, nobody knows how is your new employer and Ins may ask for any kind of RFE so if you are not here they may not follow up.
Good Luck!
Thanks in advance