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Terminated frm A; H1B revokd in 30 days; B, C applies 5/6th weeks; transfer possible?

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  • Terminated frm A; H1B revokd in 30 days; B, C applies 5/6th weeks; transfer possible?

    I was terminated from my job on June 12, with employer A. They also mentioned my H1B will be revoked in 30 days, which makes it exactly 4 weeks from June 12. I started looking for jobs, and possibly I will get one of offers next week from Employer B, and one more from Employer C the week after. That is, in the third week from Employer B and fourth week from Employer C. I will ask them to apply for a H1B transfer immediately. Both A & C are reputed companies and it is full time, B is also reputed but pretty small.

    I have a few questions.

    1. Should I go to a consulting company and ask them to process my visa as soon as possible? Will that go into RFE by any chance?

    2. If Employer C, is well reputed, will the out of status be overlooked? If not, will such reputed companies like Employer C, not help me in such cases?

    3. If I go to a Consultancy, and the Consultancy applies for a H1B transfer first, will that affect my other H1B transfer applications from Employers B & C?

    4. I have to travel to india after the first week of August, for a lifetime thing. So, if there is an RFE, can I not travel to India while the RFE is sent and being processed?

    5. Should I travel to India after the fourth week, and let the Employers B & C to process the H1B transfer after I leave the country, so I can return after the H1B processing completes successfully? How much risk is it?

    Super complicated. Any help is greatly appreciated.

  • #2
    1. Should I go to a consulting company and ask them to process my visa as soon as possible?
    >>> With consulting firms, the chances of RFEs are high provided you do not submit the client letter.

    Will that go into RFE by any chance?
    >>> It isn't something that can be predicted.

    2. If Employer C, is well reputed, will the out of status be overlooked?
    >>> Doesn't matter whether the company who is filing your H1B is reputed or not. Being out of status can cause issues irrespective who files your petition.

    If not, will such reputed companies like Employer C, not help me in such cases?
    >>> If there is an RFE, the company attorney will need to provide documentation. But how can one justify being out of status?

    3. If I go to a Consultancy, and the Consultancy applies for a H1B transfer first, will that affect my other H1B transfer applications from Employers B & C?
    >>> No. Multiple transfers can be filed at the same time.

    4. I have to travel to india after the first week of August, for a lifetime thing. So, if there is an RFE, can I not travel to India while the RFE is sent and being processed?
    >>> You are not supposed to travel when the transfer is pending with USCIS. If you are not present in U.S, then H1B might get approved for consular process.

    5. Should I travel to India after the fourth week, and let the Employers B & C to process the H1B transfer after I leave the country, so I can return after the H1B processing completes successfully? How much risk is it?
    >>> Well, in that case the employers will need to process the H1B for consular process. All the time you spend in U.S from the last day with employer A until you leave U.S will be considered to be out of status period. If you are planning to go this route, then it is advisable to leave the country as soon as possible and return back after the transfer gets approved. Premium processing will be available from end of July which will get you the result within 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.

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