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H1B transfer.Please advise

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  • H1B transfer.Please advise

    Hi Gurus,

    I am working for a consulting company A (Desi - obviously money minded suckers). Last week I got a full time job offer from a big American company B.
    The H1B transfer paperwork is in process and the attorney is taking his own time to file for my transfer. He says it will take another three weeks citing new laws from USCIS. I dont want to tell my current employer about the offer till my transfer is filed for. Now I am in a position where I have to work for a client of company A. I cant tell them about my new job because they are capable of revoking my H1b, just to prove a point, which will put me out of status. If I dont tell them now I will have to start working at the client site of company A and wait for my H1B transfer to be filed by company B, and then I will have to tell them and the client that I am leaving which will be an akward situation.

    Now my question is:
    Can my employer revoke my H1B at any time or by law does he have to notify me in advance? If yes how many days in advance.

    Will I go Out of status the day my employer revokes my H1B or will I have some time?

    How many days does it take to file for a revocation and for the process to be complete. Will I be out of status the day the revocation is filed for or only when the process is complete.

    Also I am trying to convince the new company to file my transfer via premium processing but they are reluctant. I even told them I am willing to pay the $1000.00 fee (even though $1000 doesnt matter to them). What else can I tell them to convince them.

    Overall what advise will you give me and what would you do if you were me.

    Thanks for being patient to read thru this entire post. Please answer.

    Appolyn.

  • #2
    Please reply

    Anyone please..I need to talk to my employer and need your invaluable opinions...please reply

    Comment


    • #3
      Can my employer revoke my H1B at any time or by law does he have to notify me in advance? If yes how many days in advance.

      They can revoke it anytime but they have to pay you money for return to home country.

      Will I go Out of status the day my employer revokes my H1B or will I have some time?

      Yes, you will become out of status provided you do not have a pending H1b already filed by your new employer.

      How many days does it take to file for a revocation and for the process to be complete. Will I be out of status the day the revocation is filed for or only when the process is complete.

      The revoke process is immaterial to determine the out of status period. Legally, the day you stop working or get removed from the job is when the out of status period starts.
      Also I am trying to convince the new company to file my transfer via premium processing but they are reluctant. I even told them I am willing to pay the $1000.00 fee (even though $1000 doesnt matter to them). What else can I tell them to convince them.

      It is in your best interest to have a PP case filed. You can convince them saying that you may have emergency travel needs to your home country and you can pay the 1000$ legally.

      Overall what advise will you give me and what would you do if you were me.

      If I were you, I would mention the situation to the company HR that the current employer is threatening to revoke the H1b and the attorney's office has to file for it ASAP.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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