H1B Transfer and revoke questions

[Jyotibiswal123]

My Situation
1. I have been on a H1-B since November 2013
2. Was started working on feb 20 th 2014 for an employer1 on Full time until they let me go all of a sudden because the project got over and immediately I looked for another employer2 who can transfer my Visa and that Employer2 already started and applied for H1B transfer on March 20, which is still pending .
3. Then I resigned from my previous employer on March 28th and started working for new employer from March 31st . since then I am getting pay stubs from new employer2 .
4. I checked with my old petition number which been issued from Employer 1, its showing still Initial review for Non Immigrant worker .- I129.and case received on June 6th 2014.


Q1.My question is when can I expect my new H1B transfer case to be approved ? Its already been more than 2 months now .
Q2.If my previous employer already revoked my petition then how to check that one ? is the old petition number is still okay to check in USCIS site whether my employer 1 revoked or not ? If Yes, then I have checked and its showing Initial review state as I mentioned above .
Q3. If I wanted to opt for another opportunity for Employer3 , then should the old petition is still valid to apply for H1B transfer and which pay stub should I produce ? the current ones which I am getting from employer 2 ? or old pay stubs which I got from Employer 1. As the petition is still not approved which been filed from Employer2, So I think I need to produce the previous I79 copy .

Don’t know what to do now . Appreciate your immediate help .

[raghvi]

My Situation
1. I have been on a H1-B since November 2013
2. Was started working on feb 20 th 2014 for an employer1 on Full time until they let me go all of a sudden because the project got over and immediately I looked for another employer2 who can transfer my Visa and that Employer2 already started and applied for H1B transfer on March 20, which is still pending .
3. Then I resigned from my previous employer on March 28th and started working for new employer from March 31st . since then I am getting pay stubs from new employer2 .
4. I checked with my old petition number which been issued from Employer 1, its showing still Initial review for Non Immigrant worker .- I129.and case received on June 6th 2014.


Q1.My question is when can I expect my new H1B transfer case to be approved ? Its already been more than 2 months now .
Q2.If my previous employer already revoked my petition then how to check that one ? is the old petition number is still okay to check in USCIS site whether my employer 1 revoked or not ? If Yes, then I have checked and its showing Initial review state as I mentioned above .
Q3. If I wanted to opt for another opportunity for Employer3 , then should the old petition is still valid to apply for H1B transfer and which pay stub should I produce ? the current ones which I am getting from employer 2 ? or old pay stubs which I got from Employer 1. As the petition is still not approved which been filed from Employer2, So I think I need to produce the previous I79 copy .

Don’t know what to do now . Appreciate your immediate help .

You said you were on H1 from Nov 2013 but workign from Feb 2014 with Employer 1. What were you doing from Nov 2013 - Feb 2014?
You should not have joined new employer without first getting the transfer petition approved.
Q1. No one can predict how much time USCIS will take for your case, if you want faster processing upgrade to premium.
Q2. It doesnt matter if the previous employer has revoked, you would still be cap exempt. As long as you have valid paystubs till your last day it should be fine.
Q3. You would only complicate matters by trying another transfer to C. For a successful transfer to C you need to show a valid petition of B as well as latest paystubs of B. You may have the paystubs but dont have the approved petition from B. For A you may have to petition but dotn have any paystubs from them after Feb.

Again, advise you to upgrade the transfer to B to premium and get a faster response. If rejected, leave US and re enter using C's approved petition.

This is my opinion not legal advice.

[Jyotibiswal123]

You said you were on H1 from Nov 2013 but workign from Feb 2014 with Employer 1. What were you doing from Nov 2013 - Feb 2014?
You should not have joined new employer without first getting the transfer petition approved.
Q1. No one can predict how much time USCIS will take for your case, if you want faster processing upgrade to premium.
Q2. It doesnt matter if the previous employer has revoked, you would still be cap exempt. As long as you have valid paystubs till your last day it should be fine.
Q3. You would only complicate matters by trying another transfer to C. For a successful transfer to C you need to show a valid petition of B as well as latest paystubs of B. You may have the paystubs but dont have the approved petition from B. For A you may have to petition but dotn have any paystubs from them after Feb.

Again, advise you to upgrade the transfer to B to premium and get a faster response. If rejected, leave US and re enter using C's approved petition.

This is my opinion not legal advice.

Hi , Thanks for your reply .
Yes I was on H1B since November 2013 but traveled to US in February 2014 from same Employer1 who has filed my H1B and worked for same Employer1 till March.

I have a question , if Employer2 has filed the H1B transfer, then I should be getting a new Petition number or still the old petition number is applicable for transfer case ?
and how should I know whether Employer1 already revoked my case or not ? Is there any way to check that status ?

Thanks.

[raghvi]

Hi , Thanks for your reply .
Yes I was on H1B since November 2013 but traveled to US in February 2014 from same Employer1 who has filed my H1B and worked for same Employer1 till March.

I have a question , if Employer2 has filed the H1B transfer, then I should be getting a new Petition number or still the old petition number is applicable for transfer case ?
and how should I know whether Employer1 already revoked my case or not ? Is there any way to check that status ?

Thanks.

It would be a new petition number. You may not know about the revoked petition , but online status it may show if you put in your petition number . Online status are not always up to date. Nonetheless, it most often doesnt matter if employer revokes the petition or not. The moment you stop getting paid by them it indirectly means you are no longer on H1 with them.

This is my opinion not legal advice.