H1 Transfer, Revoking the old H1B

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please_Help_us

Registered Users (C)
I am working for Company A and Company B filed for a transfer petition and haven't received the receipt# yet, and the INS has deducted the transfer fee. What happens to my status if the Company A files to cancel my H1-B and Company B transfer H1-B petition got denied? Please, repond - this is very important.
 
please_Help_us said:
I am working for Company A and Company B filed for a transfer petition and haven't received the receipt# yet, and the INS has deducted the transfer fee.

What happens to my status if the Company A files to cancel my H1-B and Company B transfer H1-B petition got denied?

------------------------leave US as you will not have any status.

Please, repond - this is very important.
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Do I have an option to change my status to H4 if Company B denies the H1-B petition? and given that condition, Do i have to go back out of country to get the H4 stamp?
 
please_Help_us said:
Do I have an option to change my status to H4 if Company B denies the H1-B petition?
--------------------------------No as you will not have Valid I-94 to change from H1 to H4 COS.

and given that condition,

Do i have to go back out of country to get the H4 stamp?
------------------------Go out of US and if your spouse is on H1 status you can get H4 visa stamp then enter on H4 status.
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Why do you expect the company B H1 transfer will get denied??

Why not to work with A and request B to upgrade H1 transfer with premium processing so that your H1 transfer result is in hand in 15-20 days. If B H1 transfer gets approved then join B if does not get approved remain with A.
 
I have been watching this forum for long time and I know 'Ginnu' gives very useful feedback. Thanks for that.

I am trying to understand the consequences of having that kind of situation upfront instead of waiting for so long and then worry about it. Comapny A doesn't wanted to hold my H1B by knowing a fact that i applied for a transfer to company B.

I have few Questions to you:
1. How long it will take for the cancellation of H1B status with Company A after they filed?
2.H1B with Company B is filed and haven't received the receipt# yet, when i can upgrade this to premium? How long it will take to get the result?
3. Assume that the H1B transfer to company B is upgraded to premium and then it got denied, then what would be the option for me not to have out of status? Can i file another H1B (Or) H4 if company A H1B is not got cancelled by that time?
 
please_Help_us said:
I have been watching this forum for long time and I know 'Ginnu' gives very useful feedback. Thanks for that.

I am trying to understand the consequences of having that kind of situation upfront instead of waiting for so long and then worry about it.

Comapny A doesn't wanted to hold my H1B by knowing a fact that i applied for a transfer to company B.
-----------------------why did you inform A that you filed H1 transfer?????

I have few Questions to you:
1. How long it will take for the cancellation of H1B status with Company A after they filed?
-----------------------------When employer A send the letter to cancel H1 petition for you USCIS gets the letter and then cancel the petition. The date of revoking the petition will be the date on the letter of the employer A.

2.H1B with Company B is filed and haven't received the receipt# yet, when i can upgrade this to premium? How long it will take to get the result?
------------- If the company B has not got the receipt of H1 filing then try to find the receipt number back side of the fee check that is cashed by USCIS. Punch that receipt number online status and take the printout and with that printout your lawyer can upgrade pending H1 with premium processing OR wait for the receipt. One can get the result in 15-25 days from the date request for premium processing reach the USCIS.

3. Assume that the H1B transfer to company B is upgraded to premium and then it got denied, then what would be the option for me not to have out of status? Can i file another H1B
------------------you can(if H1 of A is active) but it depends why the H1 of B got denied???
(Or) H4 if company A H1B is not got cancelled by that time?
-----------------if your H1 of A is still active you can file H1 to H4 COS.
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Thanks for the reply!
It was unfortunate that Company A knew about the transfer and it was not through me. I noticed that INS is giving a one month grace period to file for another H1B, from the date of cancellation - is that correct? For example, if company A gives 11/1/2008 as my cancellation date then I will have valid status until 12/1/2008 to transfer to another H1 -Is that right?
How do we know the cancellation DATE that Company A is revoking H1B? Company B get any notice?
 
please_Help_us said:
Thanks for the reply!
It was unfortunate that Company A knew about the transfer and it was not through me.
I noticed that INS is giving a one month grace period to file for another H1B, from the date of cancellation - is that correct?
-------------not correct
For example, if company A gives 11/1/2008 as my cancellation date then I will have valid status until 12/1/2008 to transfer to another H1 -Is that right?
----not correct
How do we know the cancellation DATE that Company A is revoking H1B?
---------------- only employer A or his lawyer knows about the date as they wrote the date on letter.
Company B get any notice?
-----------No. why company B get any notice for the petition/letter of A?
Click to expand...
for more questions you need to talk with company B lawyer.
 
Transfer H1B after three-year extension

Hi folks,
I've completed nine years on H1B and am waiting for date to become current to file 485. Current employer is filing for three-year extension of H1B and I wanted to check if it is possible to transfer the H1B to another company. Any precedence or thoughts to share?
Thanks.
Manny
 
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