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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105595
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have an approved h1b effective this 10/1 and currently im

Customer Question

hello
JA: Hi. How can we help?
Customer: i have an approved h1b effective this 10/1 and currently im in f1 status (not in cpt/opt). i just learned last week that my employer will rescind the sponsorship. Would i be able to transfer the h1b sponsorship to another employer before it goes in effect this oct?
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you think the lawyer should know?
Customer: i have an approved immigrant petition as well, just waiting for visa availability
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: im in F1 status
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Is there a particular reason that they want to withdraw the H-1B? If you are not on OPT/CPT, this means you have not graduated your program or you are outside of the U.S.?

Customer: replied 3 months ago.
The employer just wanted to rescind the sponsorship since they felt I won't be able to deliver what they are expecting from me, basing from my "volunteer" days with them (they asked me to volunteer for them full time - without pay. this is a verbal agreement). I'm currently enrolled as a full time student here in california taking up masters
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Well, the problem is that if you don't activate the H-1B, you are not truly counted against the cap. To activate the H-1B, you either have to go to work for the petitioning employer on or after October 1, 2016 or you have to leave the U.S. and get H-1B visa stamping. If you do neither, any new employed would have to apply April 1, 2017 under the new cap. So no, you would not be able to transfer something that you don't actually have yet. I am truly sorry. This is a common question lately and no easy solution. I wish I had better news.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 3 months ago.
going out of US to have my visa stamped will be a way to have h1b even if I do not work for the sponsoring employer?
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

It would be a way to at least get the H-1B counted against the cap. So if a new H-1B employer wants to file for you, they could file for you under the cap, though you could only begin working on or after October 1, 2016 and you may have to leave the U.S. again depending on the circumstances. You would need to get that H-1B visa stamp through the original employer before the withdraw the current H-1B, obviously.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 3 months ago.
if my employer would revoke the h1b after oct 1st, i can have that transferred to a new employer? how long does it usually take to have it transferred after oct 1?
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

You would need to go to work for the original petitioner on October 1st, 2016 and then you could transfer to a new employer. Most recommend that you work for the original employer for a few weeks to generate a few paycheck stubs before filing a transfer trough a new employer.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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