H1B will be revoke before transfer will be filed. What are the implications?

Hi,

I voluntarily resigned my current employer and the last day of work is 6th March 2015. The employer will file to revoke the H1B visa on 6th March.

The new employer has not yet filed a petition for transfer and might take them a few week to file. The joining date with new company is 6th April 2015. So I will have a gap of 1 month.

I understand that it is my fault to have given the resignation too soon and they are not willing to keep me in until my new job starts. I am also pushing the new company to expedite the transfer petition process.

My questions:

  1. What are the implication on the transfer if I stay out of status for a month?

  2. Can I start working if the petition of transfer is in process?

  3. How much time does it generally takes for the transfer to complete?

  4. Any other measures that I should take right now? Any suggestions?

Thanks.

  1. What are the implication on the transfer if I stay out of status for a month?

You should be fine in general. But its would be safe to request your previous employer to hold on the revoke request sending for few weeks as you are trying to find another potential employer. Also typically, the revoke of H1 doesnt happen immediately. It takes some time for USCIS to finally revoke it. I would suggest you to write an email OR registered letter to your old company the above request. Just to prove that you are planning to be in status.

  1. Can I start working if the petition of transfer is in process?

The moment your new company H1petition(transfer) receipt notice is received, you can start working with them. (not before)

  1. How much time does it generally takes for the transfer to complete?

You dont need to wait till the transfer is COMPLETE. Read answer 2. above.

There is nothing called TRANSFER for H1. Its just another petition (under non CAP). It typically goes along with the time lines of a fresh H1. But dont worry about its approval. As long as its not Denied, you are good to work for that company.

  1. Any other measures that I should take right now? Any suggestions?

Read my answer for Q1 above.

Thanks for your answer. I have already requested and, as far as I know, they will not hold the revocation for a few weeks as they will have to keep on paying me until they send in the request for revocation. Could you details in as to why do you think ‘I will be fine in general’?