H1 revoke while I140 pending

W

WaitingStamping

Registered Users (C)
Hi all,

My 6-year of H1B is expiring July2007 with Company A. My I140 is pending with Company A and I am expecting it to be approved this month.

The problem is Company A has lost the client therefore Company A is revoking my H1B on May 10th 2007(in 3 weeks) and Company B is transferring my H1B. Company A has agreed to give me the copy of I140 once it is be approved. I want to wait till I receive my approved I140 so I can apply a 3-year extension. Here are my questions.

(1) Will I be out of status immediately once Company A revokes my H1B or will I have some grace period?

(2) Can I send my H1B transfer now from Company B to get 1-year extension and send the approved copy of I140 from Company A while my H1B transfer is in process to get 3 year extension?

(3) Is there any way to convert 1-year extension to 3-year extension once transfer is approved or I simply have to wait for next year?

(4) Can I travel outside USA if my H1B is revoked from Company A but the visa stamp on my passport from Company A is valid and my H1B transfer with Company B is pending? If Yes, what do I have to show upon entering USA?


Thanks
 
Since your comp A is not revoking your I 140 you are safe. The minute I 140 is revoked, then you do not have any hold to stay in US beyond 6 years.


Do not think any thing other than , getting your H1 transfered to comp B based on your approved Labor Certification (Comp A's) and join comp B. Once I 140 approved , next extention you may get 3 years with comp B.
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WaitingStamping said:
Hi all,

My 6-year of H1B is expiring July2007 with Company A. My I140 is pending with Company A and I am expecting it to be approved this month.

The problem is Company A has lost the client therefore Company A is revoking my H1B on May 10th 2007(in 3 weeks) and Company B is transferring my H1B. Company A has agreed to give me the copy of I140 once it is be approved. I want to wait till I receive my approved I140 so I can apply a 3-year extension. Here are my questions.

(1) Will I be out of status immediately once Company A revokes my H1B or will I have some grace period?

(2) Can I send my H1B transfer now from Company B to get 1-year extension and send the approved copy of I140 from Company A while my H1B transfer is in process to get 3 year extension?

(3) Is there any way to convert 1-year extension to 3-year extension once transfer is approved or I simply have to wait for next year?

(4) Can I travel outside USA if my H1B is revoked from Company A but the visa stamp on my passport from Company A is valid and my H1B transfer with Company B is pending? If Yes, what do I have to show upon entering USA?


Thanks
Click to expand...
 
Great guru and others,

Can I travel on a valid visa stamp on my passport from CompanyA and I have my I-129 approvel letter from Company B even if Company A revokes my h1b?

My stamping is valid untill July 2007. I hope I will get my h1 transfer in May 2007 premium and I am planing to travel in June for 2 weeks.

If yes what do I have to show at the airport?
Thanks.
 
WaitingStamping said:
Great guru and others,

Can I travel on a valid visa stamp on my passport from CompanyA and I have my I-129 approvel letter from Company B even if Company A revokes my h1b?
-----------------YES at the POE show valid visa in passport AND H1 transfer approval notice of B. you will get I-94 till H1 approval notice of B.check your I-94 at POE if any mistake point it to officer .


My stamping is valid untill July 2007. I hope I will get my h1 transfer in May 2007 premium and I am planing to travel in June for 2 weeks.

If yes what do I have to show at the airport?
-----------------read above and keep employer B letter with you and show only IF asked
Thanks.
Click to expand...
-----If your past employer is cooperative then after I-140 approval you can file I-485 (if PD current) and employer is ready to give job offer letter to you. H1 has nothing to do with GC. GC is for future permanent job
 
Last edited by a moderator:
WaitingStamping said:
Great guru and others,

Can I travel on a valid visa stamp on my passport from CompanyA and I have my I-129 approvel letter from Company B even if Company A revokes my h1b?

My stamping is valid untill July 2007. I hope I will get my h1 transfer in May 2007 premium and I am planing to travel in June for 2 weeks.

If yes what do I have to show at the airport?
Thanks.
Click to expand...

I'm in a similar situation with visa: I have a valid visa from company A until 2010 but I'm joining company B & travelling to India in July 2007 & my lawyer says I don't have to get a new visa stamp for company B or for that matter any number of companies I change until the visa from company A is valid.

He says the same H1 visa can be used to enter US as many times I want irrespective of how many companies I change until 2010.

Any thoughts on this anyone?
 
surfwind said:
I'm in a similar situation with visa: I have a valid visa from company A until 2010 but I'm joining company B & travelling to India in July 2007 & my lawyer says I don't have to get a new visa stamp for company B or for that matter any number of companies I change until the visa from company A is valid.

He says the same H1 visa can be used to enter US as many times I want irrespective of how many companies I change until 2010.
---------------------------------------Lawyer is correct BUT at the POE you need to show valid visa in passport AND H1 transfer approval notice of B. you will get I-94 till H1 approval notice of B.check your I-94 at POE if any mistake point it to officer . you also need to keep employer B letter with you and show only if asked

Any thoughts on this anyone?
Click to expand...
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