H1B Cancellation

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pikekathie

Registered Users (C)
I got my H1B extension approved with company A in Mar`04.
Company B applied for my H1B transfer in Feb`04 and got RFE.
He is taking time to reply to this RFE.

Meanwhile for some reasons company A threatens me - that it will cancel my approved H1B.

What is the procedure to cancel a H1B?
Is it a simple process?

What will be my status if he cancels my H1B without my notice, before my H1B with company B is approved?

Thanks
PK
 
If you are already working for B, then company A's cancellation (it is a simple process) will not be an issue, assuming that company A visa's expiry date is greater than B receipt date/your joining date.
Ask the company to plese go ahead and cancel the visa.
 
Assuming Company A cancels my Visa, I'll be still legal to work for company B under pending H1B transfer.

If company B could not correctly respond to the RFE and H1B transfer gets rejected - Then what will be my status?

-should I look for company C for H1transfer?
-will it be a transfer?
- or will it be a fresh H1B & do I come under H1B cap?
- will it be legal to stay in US?
 
Just my 2 cents regarding technicality, visa stamps in passports can only be canceled either by an immigration officer OR by a consular officer. Even then the visa can be cancelled by an immigration officer only when the visa is presented to him/her.
Your employer cna only withdraw the H1 petition. If you have already moved on to another employer, it does not matter at all.
 
You cannot apply for any more H1 transfer AFTER company A withdraws their H1 petition / approval, Any H1 application after that would be a petition for New H1 visa, which will come under the H1B cap (starting date after Oct 1 2004).

If the company B is able to get the visa transferred sucessfully, (by replying to the RFE appropriately) then you dont have to worry about whether Company A withdraws your H1 visa or not. I think you should give your best efforts to make sure that Company B responds to the RFE properly and gets the transfer approved, thats your best way out.

If the transfer to Company B gets denied and you have no other Transfer pending, and also Company A withdraws your current H1 as you say, then you'd out of status. If you think it would help you, you may apply for another transfer from Company A to Company C, while Company A still hasnt withdrawn your current H1. But there's no guarantee that you willget transfer approved with Company C, it all depends on what the RFE is for with Company B - whether USCIS was asking info about your status or about the company? YOu will need to work closely with Company B to find out what the RFE is for - if it is about the company B, then it is better for you to go back to Company A or get a transfer to Company C - IF you have doubts about Company B's ability to respond to the RFE
 
Last edited by a moderator:
I don't whether company A has cancelled my H1B !

Is there a way that I can know whether my H1B with company A is still active or cancelled?

Thanks
PK
 
Last edited by a moderator:
Originally posted by pikekathie
I don't whether company A has cancelled my H1B !

Is there a way that I can know whether my H1B with company A is still active or cancelled?

Thanks
PK
Click to expand...
Are you still employed with A? If you are, then you should have your H1 with them still valid, it would be illegal for A to continue to employ you after canceling your H1.
In order to cancel your H1 your employment with A should be terminated first.
 
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