Immigration Law Questions? Ask an Immigration Lawyer.
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Your new employer's petition must have been filed (receipt date) before your last day at work with the old employer or otherwise it may get approved without your I-94. In that case you will have to leave the US and return with H1B Visa in order to work for the new employer.
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Sorry. If they choose to revoke, your only option is to immediately begin making arrangements to either obtain a new job offer or look to other possible visas to remain in the country.
Once a termination of your employment occurs, your H-1B is invalid and you are immediately out of status; there is NO grace period.
You can file an H-1B petition for change of employer (i.e. H-1B transfer) or to file a change of status to another visa type before the termination occurs.
it is crucial to file and get the date stamp for the new H-1B transfer or change of status prior to the company notification to the IRS, because if the employer later notifies the USCIS of the termination or requests withdrawal, it generally would not impact your new pending application or your immigration status. You can retain your priority date on a transfer.
Okay. It doesn't address my concerns. please respond to each point below:
Please answer to all my points:
1. Can I get my H1b transfer?
2. What happens if my H1b gets transferred to new employer and my H1b by current employer is revoked?
3. Can I in any way retain my priority date from existing I140?
4. Can my transferred H1b survive even when my I-140 is revoked by current employer?
5. 4. Can my transferred H1b survive even when my current H1b is revoked by current employer?
6. What happens in the case when my H1b is transferred to new employer and I am still working for old employer, which H1b will be valid?
1) You can if you transfer your h1B if you file and get your receipt for the new company (job), prior to the old company sending notification to the USCIS.
2) If it is revoked then it cant be transferred, and you will have to leave the country (at least temporarily), until the new H1b is approved.
3) if it is revoked, it is longstanding policy by the USCIS and Legacy INS, that even following a revocation of the I-140, the priority date still may be retained.
5) yes see above.
6) if your H1B is transferred and you still work for the old employer under that valid H-1B, you will be still considered the employee of the old company. You won't be considered a new employee until the new H-1B is approved and the receipt is issued. You can legally start working for the new employer when you receive the receipt notice.
My H1b visa was filed by an academic institution. My I-140 is also filed by an academic institution. Can I now transfer H1B to an Industry based corporate employer? And if they file I-140 GC application again that would be corporate based. Can there be issues based on the visa type (from academia where H1b is filed under non quota category)?
I believe I answered all of your questions, If you have any additional questions, just ask.
If you have any additional questions, just ask
If you have any additional questions, just ask.