Question about H1-B transfer

[saurabh99]

Hello!
I have an urgent question for you. It would be nice if you could please help me.

An employer had put in an application for my H1-B visa this year in April to be in effect from October 1st, 2012. Until now, I was working with that employer on my 17-month OPT STEM extension. But that employer yesterday terminated my employment. That employer told me that they are going to revoke my H1-B visa application.

My 17-month OPT STEM extension is only valid until December 1st, 2012. Now when I find a new job, I will only be able to work with that employer until December 1st, 2012 as my new employer will not be able to file a new H1-B visa application for me as the H1-B visa application quota for this year is already full and the USCIS is no longer accepting any new applications.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?

An early reply will be appreciated.

Thank you!
Saurabh

 

[saurabh99]

Hello!
I have an urgent question for you. It would be nice if you could please help me.

An employer had put in an application for my H1-B visa this year in April to be in effect from October 1st, 2012. Until now, I was working with that employer on my 17-month OPT STEM extension. But that employer yesterday terminated my employment. That employer told me that they are going to revoke my H1-B visa application.

My 17-month OPT STEM extension is only valid until December 1st, 2012. Now when I find a new job, I will only be able to work with that employer until December 1st, 2012 as my new employer will not be able to file a new H1-B visa application for me as the H1-B visa application quota for this year is already full and the USCIS is no longer accepting any new applications.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?

An early reply will be appreciated.

Thank you!
Saurabh

I had asked my previous employer to not withdraw my H1-B so that I can port it to a new employer. They said that this is not possible unless I am already in H1-B status which will not be happening in my case as my employment with the company is over before the H1-B effective date of October 1st, 2012. Is this true?

But they say that since the USCIS had accepted my H1-B application and I have a receipt number for that, a new employer may be able to file a new H1-B petition for me using that receipt number and like this I will not be counted against the cap for H1-B visas again. Can this happen?

This is important for me as the cap for H1-B visas is already over for this year.

 

[ThankMeLater]

Hello!
I have an urgent question for you. It would be nice if you could please help me.

An employer had put in an application for my H1-B visa this year in April to be in effect from October 1st, 2012. Until now, I was working with that employer on my 17-month OPT STEM extension. But that employer yesterday terminated my employment. That employer told me that they are going to revoke my H1-B visa application.

My 17-month OPT STEM extension is only valid until December 1st, 2012. Now when I find a new job, I will only be able to work with that employer until December 1st, 2012 as my new employer will not be able to file a new H1-B visa application for me as the H1-B visa application quota for this year is already full and the USCIS is no longer accepting any new applications.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?

An early reply will be appreciated.

Thank you!
Saurabh

Did anything come of this yet? Any updates? I'm curious to know what you are doing right now - did you find another job?

 

[saurabh99]

Did anything come of this yet? Any updates? I'm curious to know what you are doing right now - did you find another job?

My previous employer had agreed not to withdraw my H1-B petition. When it gets approved, the new employer which I find can transfer the H1-B into it's name.

My previous employer did this to help me because if they would have withdrawn the H1-B then I would not be able to get a new H1-B this year as the cap/quota for this year is over.