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Post H1b Visa Stamping looking for transfer but what if employer cancels

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  • Post H1b Visa Stamping looking for transfer but what if employer cancels

    Hi,

    I am currently holding a valid h1b visa stamped with me, using which i never got to travel so far and would like to look into various options available.

    In my current company 'A' i need to serve a notice period of 3 months

    1) Since notice period is long, if i put down my papers without any company 'B' ready for transfer, how much of a good idea would it be and would there be any impact other than getting a job within notice period.

    2) If i get a new offer from company 'B' and they are ready for h1b transfer, ideally how much time it takes for transfer.

    3) When i put down my papers, if company 'A' goes to cancel my h1b (before / after / in between) company 'B' trying for transfer what would happen

    4) What all would be the benefits company 'A' will get by cancelling a h1b.

    Thanks in Advance,

    Vipin.

  • #2
    Post H1b Visa Stamping looking for transfer but what if employer cancels

    1 & 2. I would suggest you to find a new employer first and initiate the premium process. You will get the result the in 15 days. I do understand about the notice period however they could wait if you are really someone they are looking out for. In this way, you are more safe even if your transfer get denied.

    3 . Yes, They can revoke the petition anytime, but it doesn't matter to you as your new employer can submit a cap-exempt petition . You have to provide the copy of your existing approved petition to your new employer to do that.Once it is done, you can travel using the stamped visa on your passport (company name A) if it doesn't expire when you travel using that.

    To make it simple and safe, try to transfer the petition first and submit your resignation in your current company.

    This is my opinion and not a legal support.
    Last edited by kadkhiq81; 04-27-2013, 08:06 AM.

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