Need experts help on returned H1b to USCIS

[rohit666]

Hi All,

I got 221g and case has been sent back to USCIS but meanwhile i changed the employer and filed a transfer and even got my H1b approved.

Today i got a mail from USCIS (alert mail) that my previous case( 221g case) is under review.
Do i need to take any action as it is still pending or is it totally my previous employer headache?

Please suggest me. I dont want that to effect my present case

thanks

[shervin143]

You applied for the visa at the consulate for you and not for the employer. If your visa application gets into admin process or gets rejected it will be on your records and not on the employer. If you are no longer intesreted in working for the previous employer, then withdraw the visa application by writing a letter to the consulate.

[rohit666]

Thanks Shervin. I get it, so i need to withdraw my visa petition and will do that.


The logic says as i can't work even if i'm interested with my previous employer cause i already did the H1 transfer. I think you adviced me because of the record i will have on my visa right?

[shervin143]

The logic says as i can't work even if i'm interested with my previous employer cause i already did the H1 transfer.
>>> That is not true. H1B transfer doesn't mean that your petition is transferred from one employer to another. You can continue to work for the current employer even after a successful H1B transfer provided you have not started working for the new employer (that is when you are in U.S). In your case, since you are outside U.S, if the visa gets approved and if both your petitions are valid and if the previous employer is interested in hiring you back, you can travel to U.S with the approved visa and the old employer's valid petition and work for them.

[rohit666]

Hi Shervin,
Thanks for letting me know it. I'm not aware of this.

I spoke with my attorney and he feels and advices me to not go to the visa interview untill my previous employer withdraws the H1B petition with USCIS. He feels that Visa Consulate officer might think i'm just interested to come back and work for client with either of the employers and there is possibility of visa rejection.

I thought if i just withdraw my previous visa application at the consulate is sufficient but he is also suggesting to withdraw H1B petition with the previous employer..

Please suggest me on this. Your advice is appreciated.

[shervin143]

H1B petition is employer's property. Withdrawing that can be done only by the employer. If they are not ready to spend any effort to withdrawing the petition, there is nothing much you can do. Try and ask the old employer to withdraw the petition. If they won;t do that, then there is no point in waiting. What your lawyer is suggesting correct, but it is an edge case.

[rohit666]

Shervin,

My previous employer is ready to that. He is just looking for procedure to do that .

Any idea how long it is going to take ?

Any procedure to do it fast?

[shervin143]

The employer can write a cancellation letter to USCIS stating that you are no longer working with them and so they want the H1B petition to be cancelled. They will have to attach a copy of your approval notice along with that letter. USCIS will acknowledges the letter and send a confirmation of cancellation notice back to the employer. The employer should maintain these cancellation notices under public access folder. The copy of the receipt from USCIS stating that they have received the notice to revoke is enough as the actual revoke can take months. There is no process to expediate the revoke.

Shervin,

My previous employer is ready to that. He is just looking for procedure to do that .

Any idea how long it is going to take ?

Any procedure to do it fast?