strange H1B case...at least for me

h74shah

Registered Users (C)
Following is my situation...
I was on F1, then did OPT and so far I had 3 H1B, all from Nebraska service center.
Following are 3 companies and the receipt Numbers of respective H1B's
Company A, Receipt Number X
Company B, Receipt Number Y
Company C, Receipt Number Z
and recently I moved to Company D, which filed an H1 transfer for me last week.

Before Company D filed this H1 transfer, Company C send a letter to INS requesting termination of H1. But the attorney made a mistake in the letter they sent to INS. I have attached the letter with this message. If you notice, Company C, sent the letter with correct benificiary name and company name, but they used Company A's receipt number ('X', here) in the letter.
My questions are
1. How will INS process this?
2. Will they send an RFE?
3. What if company C wants to rehire me? Do they still need to file a new H1B for me?

thanks a lot
 
1. INS might send a RFE. Generally they are slow on visa cancellations
3. Since you have joined D, you have to do a new h1 anyway to join any other company
 
MIGHT send an RFE!!!!

What do you mean by , INS "MIGHT" send an RFE? Aren't they suppose to send an RFE when the petitioner is trying to cancel an H1 which doesn't belong to them. (or maybe its another unknown area.....). Is there any information available anywhere how INS handles cancellation of an H1?
thanks
 
get it resolved using a lawyer...

this is not something to take lightly.
Use a lawyer to send inthe corrected letter as soon as possible, explaining that it was a clerical error on your compnay's part.
 
tt tt.....
I've already moved to a new company and applied for an H1 using premium processing. Should I wait till I get my new I-797 before I inform my old company of the error. Also the receipt number of H1 that the company put in the letter has already been cancelled. What will happen, when INS officer tries to act on this letter?
thanks
 
tt tt....
Also, why shouldn't I take this lightly. What are the consequences?
thanks mucho....
 
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