with drawal of H1B extension

N

nnssnn555

New Member
Hi

As my H1b was getting expired last Sep 2003, my employer A applied for my H1B extension on Sep-02-2003. It's still taking time for the approval or the decision. Meanwhile as I'm between projects (not active) and for various reasons my employer A is not interested in holding my H1B any more and threatens me that he will withdraw my case.

(1) what are the formalities for employer A to with draw the case which is pending for extension
(2) Do he need to spend any things or he can just with draw my case or terminate?
(3) If so, should I look for a new employer B? ideally what time frame should my H1B transfer can be applied by employer B?

Thanks
SAM
 
As my H1b was getting expired last Sep 2003, my employer A applied for my H1B extension on Sep-02-2003.
It's still taking time for the approval or the decision.
Meanwhile as I'm between projects (not active) and for various reasons my employer A is not interested in holding my H1B any more and threatens me that he will withdraw my case.

(1) What are the formalities for employer A to with draw the case which is pending for extension
----- Employer A has the H1 extension filing receipt # and he or his lawyer will write to USCIS service center to withdraw the H1 extension
(2) Do he need to spend any things or he can just with draw my case or terminate?

------- He does not need to spend or pay any fees to USCIS to withdraw the H1 extension
(3) If so, should I look for a new employer B?
-----ASAP
Ideally what time frame should my H1B transfer can be applied by employer B?
---- Ideal situation will be that your employer A should not withdraw the pending H1 extension and once H1 extension is approved and you get H1 extension approval in hand you can file for H1 transfer through B and you will NEED recent pay stubs to file H1 extension.

****If you have any other employer ready to employee you better join him as client and employer B should pay to employer A and get your pay check from A till you get your H1 extension approved and then transfer H1 through B

for more info go to good lawyer
 
Hi

Thank God that I got my H1B extension approved with my employer A, before he could do something.
As a back-up my employer B already filed for my H1B transfer and as I started working with him.

(1) what are the formalities for employer A to with draw or terminate the approved case?

(2) Do he need to spend any things or he can just with draw my approved case or terminate?

(3) With the H1B transfer pending case with employer B, will I be on-status if the employer A still withdraws or terminates my approved H1B?

Thanks
SAM
 
Thank God that I got my H1B extension approved with my employer A, before he could do something.
As a back-up my employer B already filed for my H1B transfer and as I started working with him.

(1) What are the formalities for employer A to with draw or terminate the approved case?
---- He can write to USCIS that H1 should be Revoked
(2) Do he need to spend any things or he can just with draw my approved case or terminate?
----- no he does not need to spend anything he will attach the copy of approval notice and will write that H1 should be revoked
(3) With the H1B transfer pending case with employer B, will I be on-status if the employer A still withdraws or terminates my approved H1B?
------ if the revocation letters reached before the H1 transfer it may have some problem or may not have problems . you should ask this question to a good knowledgeable lawyer
 
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