H1B Cancellation before Transfer

U

Unique

Registered Users (C)
Hi All,

I am switching companies and I sent all the documents related to h1b transfer to the lawyer. Now I am not certain whether he applied for it or not. But my current (last day) company says it is going to cancel my h1b on Monday. Can you please let me know whether this is a problem? If my h1b transfer application reaches after h1b cancellation application is there a problem? Will I be out of status? Is there a grace period?

Thanks
 
H1b Cancellation

Most probably no body cancels H1B unless its a big company. Usually, big companies cancel H1 immediately to maintain themselves in the legal frame. If you have received the H1 Transfer receipt, then you are safe.
If you dont have H1b transfer receipt and your previous employer cancels H1b, then you are out of status, until you get the receipt. Try to get the receipt asap. Or Do transfer in premium processing.
 
Once again the above information by the user is not completely true to the best of my knowledge...

If your company files cancels for h1b ..and INS revokes this visa before you file for new/transfer your existing visa you are in an invalid status... Note that filing for a new/transfering visa means that your application should reach INS before they revoke the previous cancelled visa ....If this does not happen you are in an invalid status ...

Now here is the crux....
case I)..
If you file for a " NEW H1B visa " with the new employer after being in invalid status ..you will have to leave the country since your since your 6month unlawful accrual starts... You may get a new visa outside the country and come in to start accruing lawful presence.... In this case you are not in legal status even though you get a receipt....INS WILL NOT ISSUE YOU A I-94 attached to your approval notice in case you get new H1b approved....YOU MUST GO OUT OF THE COUNTRY AND GET A NEW STAMP ....at the POE you will get a new disembarkation I94 card (the white one stapled to your passport).....

case II)
If you file for a " transfer of H1B visa " with the new employer after being in invalid status .. your application will be rejected outright since your previous visa has been revoked your previous employer...You will have to leave the country immdiately to avoid facing the 3/10 year bar ..


But here is some good news... it usually takes more than 4-5 weeks for INS to revoke a H1b visa... You may file for a new h1 visa during this time frame or at least presuade your company not to immdeiately revoke your h1b visa...


Again what the user has said regarding premium processing is untrue..Premium processing in no way helps regarding this ..the crux is you ar good as long as you file your H1b visa before yoru old H1b gets cancelled.... filing in premium in no way relieves you from this mess

all the best










madhurip said:
Most probably no body cancels H1B unless its a big company. Usually, big companies cancel H1 immediately to maintain themselves in the legal frame. If you have received the H1 Transfer receipt, then you are safe.
If you dont have H1b transfer receipt and your previous employer cancels H1b, then you are out of status, until you get the receipt. Try to get the receipt asap. Or Do transfer in premium processing.
Click to expand...
 
Last edited by a moderator:
Thank you

Thank you for valuable information. I requested my old employer and they agreed for waiting few days. Actually my case was prepared by new employer but Lawyer cannot confirm whether they sent the application or not as he is away from his office. A call to previous employer helped ease my tension. Hopefully we will get receipt next week. Once again thank you for your replies.
 
How long to get transfer receipt

Hi,

Does anyone know how long it takes currently to get a H1B transfer receipt from the government for normal processing.

Thanks
 
Upgrading to premium processing

Thanks for the info.
I have another question. Can a H1B transfer application submitted for normal processing be upgraded to premium? Or can I cancel this normal processing application and submit a new application for premium processing to expedite the transfer process?
And as I understand one can start working for the new employer as soon as one receives the transfer receipt (EAD number) although there is a small chance that the transfer application may be rejected later, right?
Thanks in advance.
 
Re: Upgrading to premium processing

One way I know of is, you file a premium processing request with all the required fees and if it gets approved, then BCIS when simple return your normal processing packet along with the check that was sent for the normal processing. You don't need to explicitly cancel the normal processing request.

And yes, for a H1B transfer, you can start working for the new employer the moment you receive the new EAC number.
 
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