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H1B withdrawal/revocation by Employer A before H1B is transferred to Employer B

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  • H1B withdrawal/revocation by Employer A before H1B is transferred to Employer B


    I have a situation where my current project with Employer A is coming to an end and I have been asked to return to my home country this Friday.

    However, I got a job offer last week through Employer B who has filed for the LCA today and its approval is likely to take 5 days, which would be next Monday.
    So, I have been advised that Employer B would file for the H1B transfer next Monday and the receipt notice should arrive in 48 hours, probably next Wednesday.

    But, the conundrum here is obvious - Employer A would not allow my stay to go beyond this Friday.
    I would be happy to resign, say Thursday, from Employer A but I am worried if they can write a withdrawal notice to USCIS asking for the revocation of my petition with Employer A.
    What would be the situation with regard to Employer B - would I be out of status or would Employer B be not able to file a transfer since Employer A has already asked for revocation?

    What is the safest course of action? Please advise.

    PS : I am planning to request Employer A for a week of 'Leave without pay' just to travel within the country before my return but I am not sure if it would be agreed.
    This would buy me a crucial week of being employed until the end of next week.

  • #2

    Just wanted to know even if Employer A tries to withdraw the petition this week, would I still be under the 60 day grace period before Employer B files for H1B transfer next Wednesday?
    Would we receive a I-94 when the approval notice arrives or would the approval be without a valid I-94?


    • #3
      Another BUMP.
      Anyone with an opinion on the above?