H1B Revoked, Withdrawal, Termination – By Employer? USCIS? Oh My! Options

In H1B Visa by Guest AuthorUpdated : 525 Comments

by Emily Neumann, Attorney at Law

“Help! My employer is going to revoke my H1B visa. What do I do now?” is a common call that I receive at Reddy & Neumann, P.C. H1B Revocation certainly will impact the beneficiary of an approved petition, but first, a little lesson on the proper terminology.

H1B Revoked – What does it mean?  By USCIS or Employer ?

An employer CANNOT revoke an H1B. Only the immigration service, which is USCIS, can take that action and the regulations specify exactly when revocation is required in 8 CFR 214.2(h)(11). There are only two circumstances in which the immigration service will automatically revoke an H1B:

1)      The sponsoring employer goes out of business; or

2)      The sponsoring employer files a written withdrawal of the petition.

When an employer says they will revoke a person’s H1B, all they can really do is request withdrawal of the petition. Once the immigration service ( USCIS) receives a written request to withdraw, it will lead to the automatic revocation of the petition. Also, it is important to point out that, although it is harsh, an employer is actually required to notify the immigration service when employment is terminated (either by the employee’s resignation or the employer’s decision to fire).  Visa holders may feel that an employer chooses to notify the immigration service out of spite, but they really have no choice. According to 8 CFR 214.2(h)(11)(i)(A):

“The petitioner shall immediately notify the Service of any changes in the terms and conditions of employment of a beneficiary which may affect eligibility… If the petitioner no longer employs the beneficiary, the petitioner shall send a letter explaining the change(s) to the director who approved the petition. “

What can an employee do when you know in advance you will lose  job or be terminated from employment  on H1B Status?

In the best case scenario, the employee will be given advance notice of a termination and withdrawal. If this occurs, the employee should 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 employment occurs, the H-1B worker is immediately out of status; there is NO grace period.  Therefore, whenever possible, action should be taken to 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. Once the H-1B transfer or change of status is filed, if the employer later notifies the immigration service of the termination or requests withdrawal, it generally would not impact the pending application or the immigration status.

Updated : As per new USCIS rule that was effective from Jan 2017, employees get up to 60 days of grace period to find alternative employment.   Read H1B Grace Period 60 Days Ruling info.

Lost job on H1B status without any prior notice, laid off, or sudden termination – What can you do?

“But what if I can’t find a new job in time or my employer does not provide advance notice?” This is a tough situation, but not impossible. The most important consideration is to act quickly. The longer you take to decide on your next action, the more likely the outcome will require you to leave the country (at least temporarily).  In the event of a sudden termination, if you are able to find a new job quickly enough, you may still be able to obtain the approval of an H-1B transfer while you remain in the country by filing the application “nunc pro tunc.” I should point out that if you a file an H-1B transfer after you have stopped working for the current employer (i.e. you are not in status at the time of filing), then you cannot start working for the new employer based on the H-1B transfer receipt notice.  Therefore, I usually recommend filing in premium processing and also explaining the situation. The “nunc pro tunc” gives the immigration officer discretion to approve the transfer and issue a new I-94 card even though you were out of status at the time of filing. This is more likely to occur if the transfer is filed quickly; a long delay in filing will likely lead to an approval without a new I-94 card. In that situation, you must exit the country, but can re-enter with a valid H-1B visa stamp. You get up to 60 days grace period as per the ruling from 2017, so if you act quick should be fine.

What if you cannot find job immediately after losing job, when on H1B status or in Grace period ? What are your options ?

If the prospects for a new job offer are not looking good, you may look into changing status to another visa type, such as H4 (if your spouse also holds an H1B) or F1. Again, this should be filed before you go out of status. If another visa is not an option, it may be best to leave the country temporarily while you continue to look for another job. A new employer can file a new H-1B petition for consular processing (since you are outside the country), but you would not be subject to the quota since you were previously counted. There are some exceptions, so you should definitely consult with a qualified immigration attorney to confirm whether you are subject to the cap or not. Also, I should point out that there are other types of revocations not discussed here. The main goal of the article is to help those in H1B status who may be facing termination of employment.

Thanks to Emily for writing the guest article for us. Please reach out to using her using her for any immigration issue, she is a highly qualified immigration attorney and can help you with your case !

————————————-About the Author————————————–

Emily Neumann practices business immigration law and is a partner in Reddy & Neumann, P.C. in Houston, TX. Neumann writes a blog on immigration law ( immigrationgirl.com) and shares updates on Twitter (@immigrationgirl) and her Facebook page to help her clients stay informed of the latest news.

   

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Comments ( 525 )

  1. Sathish Kumar

    Hi ,

    I have a query. I transferred from employer A to employer B successfully. Employer A- validity till April 2018, Employer B validity till Nov 2018 (current one ) . When I went to stamping in India (drop box) , they have given till Employer A’s validity . At the same day, my employer A started revocation request and it is revoked now.

    Do I need to go for stamping again , when I visit India before April 2018 ? or How ?

    1. administrator
      Saurabh

      Sathish Kumar,

      Did you submit A’s petition copy or B’s petition copy for visa stamping? Who is mentioned as your employer in the visa stamp?

        1. administrator
          Saurabh

          Sathish,

          If you used A as employer, then USCIS was correct with the dates. However, no new stamping is required until this visa stamp is valid and has not been marked as canceled in the passport. This holds true even if A withdraws their petition.

  2. Dev

    Scenario:
    H1b approved – Oct 2011
    Valid – Dec 2015
    Revoked – Sept 2015
    India Return – sept 2015

    still have 2 years of h1b visa with me.

    Question: If I re-apply for H1b now, will I be fall into cap-exempt petition filing?

    1. lax

      Hi,

      My Indian Company A has filed my h1b visa in 2015 and my petition is Valid till sep 2018.

      I have valid visa till Aug 2017.

      Now my Visa filed company A dont have any US opportunities and hence I have received offer from other Indian Company B for US opportunities

      I am resigning from Company A but my manager is telling me that they will withdraw the petition and cancel my stamped Visa
      ( I have not travelled to US yet)
      so my query is
      1) I know that A can cancel or withdraw petition but can A Cancel my visa with the help of US consulate or any way.
      2) If he cancel my visa then how difficult is to get visa stamped again from US consulate

      1. administrator
        Saurabh

        Lax,

        1. They can cancel the visa by sending your physical passport to consulate. Unless that happens, the visa stamp remains valid.
        2. It won’t be difficult if reappearing through a reputed employer with valid H-1 job etc

  3. Subhash

    Saurabh,

    Could you please let me know any solution for my query?

    I filed H1B in 2014 and went for stamping and they issued 221G.After that it went
    to USCIS for review and they revoked my petition as my employer with draw my application.

    1)Will I come under cap exempt? Since I didnt travel to USA till now.

    1. administrator
      Saurabh

      Subhash,

      If USCIS withdrew the petition based on feedback received from consulate, then you may not be cap-exempt eligible. It is not possible to know for certain the withdrawal was due to employer or consulate feedback. You will have to check w/ an attorney for this. Maybe find a new employer, discuss your case w/ their attorney and see if they are willing to file.

  4. Mehroof

    Sorry for bugging again Saurab.
    Also I still not got the Approval notice copy from employer. I just have the receipt number.Can another employer still apply again with that receipt number to get cap exempted incase if my current employer cancel it ?

    Thanks in advance,

    1. administrator
      Saurabh

      Mehroof,

      As long as the petition was approved, another employer can use just the receipt number or copy of receipt notice for the cap-exempt petition filing.

  5. Mehroof

    My H1B was approved in 2015 July.Till now I have not done the visa stamping.I dont want to travel now due to some personel reasons.But my employer is forcing me to enter US immediately as they say “H1B VISA rules have been changed from Dec and have to enter US within six months of approval”.Is there any such rule ?
    And in case if they cancel can i apply again as cap exempt catogory?

    1. administrator
      Saurabh

      Mehroof,

      There is no such rule. Ask the employer for an official link for the same.

      Even if they revoke the H-1, you are still cap-exempted.

  6. Ank

    Ank
    Hi
    I have a similar situation.

    I have a query and need some clarification in a scenario.
    I have a H1b from employer A(Indian Employer) which I have used for 20 months working on H1B in US till 2 month back.
    I am still employed to employer A in India and i had to go on leaves and come on a H4 Visa to US.
    Now If i resign my employer A and my employer A revokes my H1B,

    1. Can I still get the H1b transferred though any other employer B later.
    2. Will I be exempt from Quota regardless of my last H1b petition(from Employer A) status(cancelled/revoked or expired) upto 6 years.
    3. Or Do I need to apply through 2016 quota for H1B filing

    I heard that one H1b is used then it can be anytime used for out of quota H1b filing ? Is it true.

    Can some one throw some light and details on this.

  7. Kumar

    Hi Team,

    My H1 was revoked today (3/11/2016) and my new employer and he filed the LCA on 3/10/2016 and he is going to apply for premium processing and I have Pay stubs till 3/4/2016 .

    Can you please let me know Do i get any RFE or USCIS will say I need to leave country ?

    1. Ank

      Hi
      I have a similar situation.

      I have a query and need some clarification in a scenario.
      I have a H1b from employer A(Indian Employer) which I have used for 20 months working on H1B in US till 2 month back.
      I am still employed to employer A in India and i had to go on leaves and come on a H4 Visa to US.
      Now If i resign my employer A and my employer A revokes my H1B,

      1. Can I still get the H1b transferred though any other employer B later.
      2. Will I be exempt from Quota regardless of my last H1b petition(from Employer A) status(cancelled/revoked or expired) upto 6 years.
      3. Or Do I need to apply through 2016 quota for H1B filing

      I heard that one H1b is used then it can be anytime used for out of quota H1b filing ? Is it true.

      Can some one throw some light and details on this.

    2. administrator
      Saurabh

      Kumar,

      So by the time your H-1 is filed, you would have stayed 2-3 weeks in US w/o salary. Does your new attorney know about these dates? If yes, he can include an explanation for the same and a request to approve the H-1 w/ I-94 attached.

      In worst case scenario, they would approve the H-1 petition but w/ consular processing. This means you will have to leave US and return on H-1 visa stamp in order to work for this new employer.

      1. Kumar

        Thanks Saurabh for your explanation !

        The H1b filled by new employer on 3/18/2016 , I was not with salary for 1 week 3 days and the attorney was aware of that . My last paystub was generated in 3/17/2006 , The same thing we kept in while applying H1B transfer .

        While changing jobs what is grace period allowed by USCIS ?

        1. administrator
          Saurabh

          Kumar,

          There is no official grace period. If the attorney is aware of the non-pay period, then may include some information asking for leniency etc. In the end, it would depend upon the officer reviewing the file.

  8. jv2016

    I received H1B in 2014 via employer A and in Dec 2015, for my H1B receipt from employer A USCIS status shows – Intent to Revoke Notice Was Sent. I dont know the reason behind this as the employer is not communicating anything on this.

    My H1B transfer is in process with employer B. Am I considered under cap-exempt in this case? Will there be a case where my initial H1B will never be counter for cap as USCIS is revoking the H1B?

    1. administrator
      Saurabh

      jv2016,

      There could be 2 reasons – USCIS is revoking the petition as they determined fraud later; or USCIS is revoking the petition as A no longer wants to hire you.

      In case of latter, your cap-exempt petition will still go through. In case of former, there could be an issue as USCIS would state that the original petition should never have been approved in first place.

  9. rptjn1986

    Hi , I am USA. I switched company and H1 transfer got denied.

    Denial reason yet not received . My question is

    Suppose If I move back to India and filled new H1 transfer with another employer, will that come into Cap or outside cap.

    Additional Information – Previous company already had revoked and new employer H1 transfer got denied.

      1. Rptjn1986

        Hi Saurabh ,

        For your reply. Can you please share your contact # if it is possible.

        I wanted to discuss few more point. I am in little bit panic situation.

  10. A*******

    Hi,

    I am currently in the US on H4 visa and applying for H1B. Once my H1 is approved, what does it mean by withdrawing the LCA and terminate the H-1B petition? Does it mean I will have to find a new employer to file for my H1 again next year? Or does it mean I go back to H4 status and will have to wait for the H1 and LCA transfer to new company? Please help.

    TIA

    1. administrator
      Saurabh

      A,

      If your employer withdraws H-1 petition or fires you, then you are no longer eligible to work for them. However, your status will remain H-1 and you would start accumulating out-of-status unless:
      – you move back to H-4 or another visa status
      – you find another employer, and have them file cap-exempt petition for you

      Both of the above need to happen before you are let go w/ your H-1 employer.

      1. A*******

        Thanks Saurabh, just one more question:

        If I don’t go for COS from H4 to H1 and meanwhile my employer decides to terminate my H1, in that case can I transfer the same H1B to a different employer at a later date or will it go void and I will have to file for a new petition next year?

        TIA

        1. administrator
          Saurabh

          A,

          Yes, you can still go for cap-exempt route even if the employer has withdrawn the petition.

          BTW, what’s up w/ your name. What are you using that’s causing it to be masked?

  11. Jack

    Greetings, and thank you for constructing this helpful article.

    My girlfriend was hired by “Company A” in October of 2015 under the full assumption that they were going to sponsor her H1-B when the time came to file for it in March/April 2016. This information/assurance was reflected in her hiring letter, and she wouldn’t have followed through with working for “Company A” had they not signed on for this.

    Five months later (end of February 2016), and after a “six-month” performance review (which was actually conducted at her five-month benchmark) they tell her that they are not satisfied with her progress/productivity, and barring a significant improvement to both they’re not comfortable with moving forward on their end of the H1-B submission (even though she will be paying ALL submission fees in full).

    After doing some research and speaking with her immigration lawyer, she is in the process of writing a letter to her employer requesting that they still move forward with signing off and submitting her paperwork with sponsoring her H1-B, and when the receipt/notice comes that she’s been granted the visa through the lottery system (she has plans to pay for that “accelerated processing” option) then her company could move forward with laying her off if they still think that she’s under-performing, but she’d have an extended amount of time to pursue another job/company that would then need to submit for the “H1-B Transfer”.

    Is this her best course of action? Her OPT runs out July 1st (she graduated from her Master’s program in May of 2015), so she has very limited time to procure another place of employment that would be willing and ready to sponsor her. If “Company A” agrees to this procedure and lays her off in the near future following her successful application with the H1-B lottery, does my girlfriend actually have a full three years under their sponsorship to find another company that would then assume sponsorship duties? Or does “Company A” have to immediately withdraw their sponsorship? And if so, what kind of timeline does that leave for my girlfriend to find sponsored employment? Just until the conclusion of her OPT?

    Thank you… so, so, so very much… for taking the time to read through this situation and lend your expertise.

    1. administrator
      Saurabh

      Jack,

      If her H-1 is approved and they decide to let her go, they will most likely send the information to USCIS to withdraw the petition. It may still be possible for another employer to use this petition as reference and file a cap-exempt petition for her.

      In addition, her H-1 will be filed w/ COS. So she would be eligible for cap-gap extension, which would allow her to stay and work in US on OPT through Sep (unless hr H-1 petition or COS is denied).

      1. Jack

        Thank you Saurabh; we’ll take this information and utilize it to prepare for whatever falls our way in the coming weeks. Your prompt replies to all of these posts are extremely helpful.

  12. Vijoy Kumar

    Hi,

    My petition got approved from company A (validity oct 2010 – jul 2011)and I was working in US on H1B. Just before the expiry of my visa, company A filed a petition for extention which got approved with a validity jul 2011 – jul 2014. I moved back to India in Aug 2011. Company A filed petition for renewal in Feb 2012 which got approved by USCIS (validity Mar 2012 – July 2014 ). I have not worked in US later to Aug 2011.
    Later I joined company B in India in Dec 2014. I have the below questions:
    #1 . Can company B file for H1B transfer under CAP exempt?
    #2. How soon I can move to US for work?
    #3. Is there any portal where I can check if company A has revoked my H1B petition?
    #4. Even if Company A has revoked my H1B petion, can company B can still file H1B under CAP exempt?

    Thanks in Advance.

    1. administrator
      Saurabh

      Vijoy Kumar,

      1. Yes, they can file for cap-exempt petition for you.
      2. Once B’s petition is approved and you get the visa stamped
      3. You can check the status online on USCIS site for your receipt number
      4. Yes, they can still file for cap-exempt petition for you

  13. Prashant

    Hello Saurabh,

    I got my H1b visa stamped from Employer A for the period Sept 2013 to Sept 2016. I left the employer in June 2014, so as per the rule they revoked h1b petition in June 2014.
    I have never traveled to USA on this visa.

    I am in India right now, I have one offer from Employer B,

    From above situation can you please answer following questions:
    1) Can they transfer my visa as my h1b stamp is still valid?
    2) Do I need to for a stamping again?
    3) Which is the best possible solution for me to travel to USA?

    Thanks.

    1. administrator
      Saurabh

      Prashant,

      1. I think it possible for B to file cap-exempt petition (aka H-1 transfer) for you. There is a post where someone has mentioned their detailed experience on this.

      2. It is not required, but some companies prefer that you appear again.

      3. What I mentioned in (1)

  14. Arun

    Hello,

    I came to US with L1B visa through employer A in 2012 and got H1B visa in 2014 October with Employer B. I am still continuing with employer A in L1 visa and I have not yet joined the employer B who applied the H1B visa. My L1 visa expired in 2015, but I went to India by Nov 2014 and came back on Dec 2014 and I got the I94 until the end of 2016. Now the situation is, employer B is trying to withdraw my H1B visa. I am still on L1B visa and I don’t have any paystubs with H1B visa. Could you please let me know if I can join Employer C with the same H1B even after employer B withdraws my H1B visa? Appreciate your help!

    1. administrator
      Saurabh

      Arun,

      Was your H-1 approved w/ COS or w/ consular processing? IMO, you can join C even after B withdraws the petition as you have already been counted in the cap.

      1. Arun

        Saurabh,

        Thank you so much for your quick response! Your answers are very clear.

        My H1 was approved by COS. Actually after my H1 was approved on Oct 2014, I went to India on Nov 2014 and came back on Dec 2014. When I came back in Dec 2014, I entered with my L1B (Employer A) visa and also my current I94 shows the “Class of Admission” as L1. So I don’t think my H1 visa is active yet. In this case, it should not be a problem to join new Employer C with my H1 visa right?

          1. Arun

            Thank you Saurabh.

            Incase my H1 employer B withdraws the petition, how soon should I find some other job with employer C to transfer H1 to employer C? (My H1 is still not activated, I don’t have paystubs with Employer B. Also I am still in L1 status and working with Employer A(L1)).

          2. administrator
            Saurabh

            Arun,

            The cap-exempt petition can be filed within 6 years of B’s approval date. As you are still in L-1 and not H-1 status, there is no immediate need to have this filed to maintain continuance of H-1 status.

  15. Sneha

    Hi Team

    Thank-you for your insights, they are very helpful.

    My H1B was picked and approved in 2015. I lost my job in Nov 2015. I immediately filed for an H4 COS (spouse h1b holder) and my H1B petition was revoked on 18th Nov. I exited the country on 24 Nov while H4 COS was pending and returned in Dec 2015 on an H4 stamp. I have a new company that are willing to sponsor H1B. In such a case

    1) Do I have to file for the new H1B ( lottery) or does the new company can transfer my petition ?

    2) If yes, do I need to go back to my home town and get H1B Visa stamped?

    3) Can I stay on H4 visa till my H1B is either approved or denied

    Please help.

    1. administrator
      Saurabh

      Sneha,

      1. They can transfer i.e. file a cap-exempt petition using previously approved petition as reference.

      2. No stamping is required. When filing above petition, they can file it as COS. Once approved, you can start working.

      3. Yes, you will remain on H-4 status until COS is approved. In case of denial, there is no impact on your current status.

      One thing to watch out for is possible RFE around maintenance of H-1 status. If you didn’t get paid and have no payslips for your H-1 period, they may still approve the H-1 but w/ consular processing.

  16. Mayank

    Hi,

    I had h1b Visa and travelled to US on that visa. I had to come to India due to some personal issues. I came in Nov 2015. My previous employer has revoked my visa on Dec 2015 . Now My Employer wants to transfer my visa. Can I file cap-exempt petition with same H1B or I need to start a fresh means need to go through all the processes lottery & all.

    Thanks in Advance

    1. administrator
      Saurabh

      Mayank,

      They can file a cap-exempt petition for you using copy of previously approved petition. You would also need to submit copy of US payslips and W-2 for 2015 to show that you maintained legal status while in US on H-1.

      1. B***

        Hi ,
        I Landed Jan 2 week 2016 and one month completed so far i got 2 paycheck and waiting for third paycheck.
        Is this sufficient to proceed for H1B Transfer even though current employer revoked…

        Can i avoid go back india h1b stamping and new i-94 ….

        am now without sleep …

        1. administrator
          Saurabh

          If the current employer is about to revoke the petition, its best to proceed ASAP.

          If the gap b/w your last day at old employer, and first day at new employer is less than 2 weeks, it may still work out. Anything more than that and you could lead into issues. They may approve 797 but w/ consular processing i.e. leave US and return to US on new petition to work for them.

          Did you talk to new employer’s attorney? Ask them to go PP route.

    2. B***

      Hi My employer is telling tomorrow am going to terminate and revoke the H1B
      I got confirmation mail from new company but they are telling h1b tranfer will take two to three weaks. So in this siutatuion do i need to go back and need to get new i-94 or i can and wait for the formalities and join the new company.

      please revert back its very urgetn

      1. administrator
        Saurabh

        More information needed – are you currently inside US? When does new employer plan to file their petition?

        If you are inside US, then you can join new employer as soon as their petition is received by USCIS. If there is a gap b/w your last day w/ old employer and first day w/ new employer then that puts you in a gray area. USCIS may or may not ignore that you stayed in US w/o job/salary.

  17. Ap

    My wife came to the USA on h4 Dependent visa. After that I filed her H1b visa and she got approved and started her visa from oct 1st, 2015. Now her employer couldn’t find a project since last 5 months .Also, Her employer hasn’t run any payrolls.It looks like she is out of status. In that case,
    1. Can we do h1b transfer without pay rolls? How safe it is?
    2. If her employer revokes her h1b , then can we transfer to other employer?

    1. administrator
      Saurabh

      Ap,

      1. You can apply for transfer w/o payslips. However, there is a good possibility that USCIS will approve it w/ consular processing which will not correct her status. She will have to leave US and return on stamped H-1 visa.

      2. Yes, it can still be done even after employer has withdrawn the petition. She will still be counted in the cap. However, her status will further be impacted as she will be w/o job.

      It would have been better if you would have though about it soon after she moved to H-1. Talk to employer and demand the wages, which is your right.

      A temporary solution is to leave US and return on H-4 visa (which she must already have stamped in her passport). Once she is back, she can continue to search for new employer and try H-1 transfer. At least she will be in valid status while this mess is being sorted out.

      1. SS

        Hi,

        My case is same but my fear is in case the employer withdraw my petition when I am on back on H4 then can my new employer file my H1B in cap exemption or not.

        looking forward for your response.

        Thanks
        SS

        1. administrator
          Saurabh

          SS,

          If the employer withdraws an approved petition, it may still be used for cap-exempt purposes. If they withdraw a pending petition, then it cannot be used for cap-exempt purposes.

  18. Vishal

    Hello All,

    I have receipt number of H1B Visa application, which was applied by Company A. but I moved to Company B. Currently I am holding a offer from Company C. I went through the posts on this page & I got to know that H1B visa can be processed by Company B under OOC. Is it also possible to process it by Company C in future?

    1. administrator
      Saurabh

      Vishal,

      Yes C can also file a cap-exempt petition for you in future. For that matter, any employer can as long as they have a qualified job matching your skillset.

  19. Ankit

    Hello All,

    My petition got approved fom company A, but not stamped. I resigned company A and joined company B.
    Now after few months, company A withdrawal my application. Visa Stamping was not done yet.
    I know the receipt number through which I can check the status at USCIS case status page.
    It is currently showing “Withdrawal Acknowledgement notice was sent”.
    I don’t have any hard copy of any thing relative to this. Company A did not provide any documents as I left that company.
    Please advise if there are any possibilities to transfer my petition or apply for new one under cap exemption or any other options.

    Thanks in advance,
    Ankit

    1. administrator
      Saurabh

      Ankit,

      Another employer can file a cap-exempt petition for you using the receipt number. Once approved, you should appear for visa stamping and can then travel to US.

      1. ankit

        Thank you Saurabh.
        Still have some doubt.

        But I Don’t have any hard copy document proof for the same. Is it still possible?

        If I need petition copy and receipt copy. how will I get it through receipt number.

        1. administrator
          Saurabh

          ankit,

          Think about it, USCIS knows all the details about your petition as long as they have receipt number. They can look it up internally to see the dates, 797 etc. So it is possible to get it done w/ just receipt number.

          Having petition addresses concerns of prospective new employers. This way they are sure that you are cap-counted; else they have no way of knowing who that receipt number belongs to.

          Makes sense?

  20. Anvin

    Hello,
    I worked in US for 2.5 years and now I moved to Canada, My employer got my H1B visa revoked(Even I can see on USCIS once I query my case number), but I still have valid I797 copy. My questions:-
    – Can I get my H1B transferred or I have to apply for a fresh visa and come into cap once again?
    – Can some other employer transfer my H1B visa, If I get a job in US again?
    – Since I am out of US for about 6 months now, Will it affect in anyway in my H1B transfer?

    Thanks in advance.

    1. administrator
      Saurabh

      Anvin,

      1. Yes, another employer can file a cap-exempt petition for you even if current petition has been withdrawn
      2. Same as (1)
      3. No impact

  21. Siva

    My employer A has withdrawn my H1B petition as of Dec 14. I was luckily able to file a change of status on Dec 10 to H4 and have a receipt for the same. Now I’ve a full time offer from employer B. Now should I file a H1 transfer or a cap exempt H1 or a change of status again using the receipt notice for the previous H4 request. Please advise.

    1. administrator
      Saurabh

      Siva,
      H-1 transfer = cap-exempt petition. They are the same thing.

      A new employer needs to file cap-exempt petition for you. Your current status is still H-1 (H-4 COS is pending), so no COS is required. The employer can ask for EOS though (extension of status). They would also need to submit copy of H-4 COS receipt to show that you are in valid status. Once H-1 petition is approved w/ COS, you can withdraw H-4 COS. As the situation is little tricky, your new employer’s attorney can guide you w/ all the nuances.

  22. Sachin Murty

    My employer A has asked me to resign immediately and has give me exactly two weeks time till Dec 31 st ,by when they would get my H1B revoked.
    I have signed an offer with my new future employer B a week back and have sent them all my documents.
    I am not sure if my new employer will be able to file my H1B by Dec 31st.
    Does the request to revoke the current H1B become effective immediately?
    What would be my options to remain in status without having to leave US ,if the employer is unable to file it by 1 st Jan.

    1. administrator
      Saurabh

      Sachin Murty,
      Safest bet is for employer to file H-1 petition before Dec 31. After that, the more you stay w/o petition receipt, the difficult it becomes.

      You need to submit most recent payslips to show valid in-status. After Jan 15, you need to show Jan1-15 payslip, which you won’t have. In addition, as current employer will be withdrawing the petition, USCIS will know that last day of employment w/ old employer is Dec 31.

      You should discuss w/ new employer about the need to file it before Dec 31. If not, talk to their attorney on its progress and possible solutions.

  23. Hima

    Hello All,

    My petition got approved ftom company A, but not stamped. I resigned company A and joined company B.

    Now after few months when my current employer tried to initiate transfer we got an email saying H1B revoked.

    Please advise if there are any possibilities to transfer my petition or apply for new one under cap exemption or any other options.

    Thanks in advance.
    Hima

    1. administrator
      Saurabh

      Hima,
      Are you saying USCIS informed you that previous H-1 petition has been revoked. Was it revoked b/c USCIS found an issue w/ approved petition or b/c old employer withdrew the petition.

      1. Hima

        Hi Saurabh,

        My old employer has withdrawn petition as I left that company.

        Please let ne know if its possible to get the petition transferred ?

        Thanks,
        Hima

  24. Raj

    Hi,

    I worked in US from Nov 2013 to Mar 2015 in H1-B visa for A employer. I resigned from Employer A and Joined in Employer B without transferring my H1-B. Due to personal constraints i came back to India and joined in Employer B. I checked my receipt status in online today.It is showing “we revoked your case on May 2015 and we mailed your revocation notice.”. My question is

    1. can my Employer B still transfer my H1 B or i cannot use my early petition anymore ?
    2. Do i have to apply new H1-B cap ?

    Thanks,
    Raj

    1. administrator
      Saurabh

      Raj,
      How can you work for B if they didn’t file any H-1 petition for you?

      Even after A’s petition has been revoked, you can use it for cap-exempt petition to another employer.

  25. H1b Visa Revoke

    Hi All,
    I applied 2014 visa from A company, I went interview and vo given 221G. I waited till March 2015 and I started searching job, one xxx(B) company took interview and processed H1b visa 2015. Suddenly April 2015 I got visa I am very happy and I resigned my job and starting packing and shopping … 🙂 . I got lottery from B company also.

    This is my story, however suddenly one day employer called me and told me your visa has been revoked. we are inquiring your visa and we will update you soon, 2 months over still no update. I sent mail to support India customer, they sent mail (“Consular records show that based on the request from the petitioner, the petition was revoked by USCIS. You may send in your passport for having the visa cancelled. “).

    I discussed my employer, he told me they didn’t revoked your visa and we are investigating u r visa.

    Q:
    1. Employer not revoked and USCIS is not revoked, who is revoked my visa?
    2. is it possible to cancel revoke visa by employer? If employer revoked and again he can cancel revoke visa.
    3. Can you please give me suggestion for how to get visa.

  26. fvdfvdgvfdg

    I have six figures in federal student loan debt and was displaced by an h1b visa worker. We do not want you here. Only the mega corporations and the 0.1% want your cheap labor. You are ruining our middle class. The IT industry has not seen a pay increase in 15 years, and that is because of you. There are millions of US born and bred college students who are under-employed, and as long as you will come here and work for 30% less pay and lie about your credentials, US employers will not hire and train them. You guys have horrible English. Everyone complains they can’t understand you on the phone. Stay in your own country and fix it. Start your own businesses.

    We do not want you here.
    Go home.

    1. aa

      I do not work in IT industry. But you should blame yourself rather than others. If you are highly valuable as you indicate, you will get job easily. If you do an excellent job, then you can’t be replaced by a H1B visa holder or anybody else. Pointing fingers at others is easier than realizing your education does not provide you much skills.

    2. xyz

      Stop being jealous. Be competitive, the day all H1Bs decide to go home including indian , chinese and other countries, there would be no America just unskilled, arrogant people will be left. H1Bs makes up your country’s economy. Instead of appreciation you people judge their English , do you have guts to judge their technical skills. Majority of them are excellent in English even its their second language. Will you able to learn their first language and beat them. Answer is no. America is a country of immigrants and you cant deny that fact. Grow up!

    3. Aa

      Really.. The native Indians also told you guys to go back to Europe when you invaded their land hundreds of years ago. Did you go back? No, instead look at what you did to the natives. You need to work harder to get an IT job. You have obsolete skills, work just 8 hours a day and do not want to be pro active. That is why you are falling behind.

  27. sandeep

    I was working in US.I lost my job so I came back to India.There was no overstay or anything else.My old employer revoked my H1B petition
    Can I travel to USA again, what can i do
    my visa valid 2015 october

  28. shelly

    I have one question here:

    Currently I am having H1b Visa with valid Visa stamped on passport(Valid till 2018), But I don’t want to join current employer. So I assume Employer will revoke the petition .

    I don’t want to travel to USA for next 1 year, So suppose after 1 year can a new employer file a petition for me which will be exceptemped from the 65000 cap?

    Or my current visa/Petition will not be valid and I need to start a fresh means need to go through all the processes e.g- lottery etc..

  29. shailendra

    Hi ,
    In 2008, i got EAC receipt for H1B, but my employer had not filed my visa untill Feb 2011, due to recession period in that time. During interview counseller issued a 221(g) form to me for additional details.

    but before my resubmission of documents, my time frame for H1B got expired.

    My current employer wants me to first close that case. can anyone help me how to close it?
    I wrote to UsTravelDocs , but they suggested me to ask USCIS for closing this case. but i don’t know the process. Please help.

  30. Amit

    Hi Gyus,

    I am from India and I need help. I don’t know what is correct.
    Here is the my case details :-

    1. I got approved H1B petition in July-13, with validity till September-2016.

    2. I went for Stamping in August-13, where Consulate has given Blue Slip – 221 G and
    informed that petition being returned to USCIS for review and possible revocation.
    Consulate also took the original petition.

    3. On September,2014, my employer received NOIR, with some problem with employment
    (In-house project, small office).

    4. Now employer is revoking the petition. As he says chances are less for appealing and
    getting approval.

    5. Also employer says that I am cap exempt till 2016 and need not to be part of Lottery, as “we have withdrawn petition to be safe side rather than uscis revoking it.”

    Now I need to understand whether I am cap exempt or not ? What is actual difference between Employer Withdrawing Petition(which also cause revocation only) and USCIS revoking it ? How does it impact an individual ?

  31. Abhi

    My current employer is not willing to file H1B visa for me.
    Q1. Can I get it filed from a consultant in US, who is ready to file it and then get it transferred the same H1B to my current employer or new employer ??

    Q2. If above is not possible, what are other options available to get H1B ??

  32. Tom Psillas

    If the government is revoking your H1B, I cannot be more elated.
    I say Good Riddance to All H1B workers.
    They have brought in over 1 million H1B workers over the last decade, with over 450,000 honest IT workers, like me, downsized to save money. That is illegal, yet it is happening.
    Aetna, Travelers, major banks, and others hire Cognizant and other Indian firms to bring in H1B and other Visa program candidates to replace older American workers.
    Well, look out corporate America. We are coming after you. We will sue you. We will protest outside your offices at lunch time. We will go to the media. We will vote out any Congress person who allows this to continue.
    Just think what displaced IT workers could do. What big retailers are not telling you is that their hackings are being done by displaced programmers and also probably H1B programmers, since they make much less that we were.
    By allowing H1B workers in this country, most Americans do not reealize that their private information is up for grabs.
    Most hacks in the USA are done by foreigners.
    It is becoming a fact that is kept secret that more money is now being lost in these hacks, than the saving realized by H1B workers replacing older Americans. CEOs of these companies are hiding these facts, since they already got their bonus from the H1B cost savings. This is criminal, yet we sit back and do nothing.
    We need to take our country back, or we will all end up in jail, by writing bad checks, just to buy food to survive.
    I know at least 12 programmers my age, who are out of work for 1 year or longer, due to this.

    1. Kutti

      Mr. Psillas,

      It is interesting to see bigotry and small minded talk on this website. Luckily, this is not how America thinks. I have reason to believe also that if this is how you fight battles that life throws at you, then none of these battles have been won so far; you have probably failed at most tasks you undertake.Understand this – there is no money saved in hiring a foreign worker, the Department of Labor makes sure pay checks are at par. The qualified worker already existing in the US is a myth, this is why corporate America looks to foreign countries.It is very inconvenient and risky to hire a foreign worker and also expensive with no payroll advantage to employer. You will be replaced only if you demand paychecks that are not equitable to the marketplace while missing the needed qualifications to lead projects. Quit the entitlement game and learn some skills instead. Corporate America knows where to go for talent, intelligence and hard work. It is sad they have to go overseas every single time. I am also confused about something. You are claiming you are a displaced, disgruntled programmer and you also claim these are the hackers. So…..are you the hacker or one of them? And don’t forget, except for Native Americans, everybody in the USA is a foreigner including you. Thanksgiving is a reminder of this elementary school fact. Just because you got here first does not make this place yours. I am also sorry you have to write bad checks to buy food. Did you ever think of becoming an entrepreneur who charges less for programming or whatever it is that you do instead of demanding double the marketplace rate and free healthcare benefits just because you feel you deserve it more than a foreign worker? Think about it. I read your small minded comment and understand just this much very clearly – not H-1Bs but you alone seem to be your own worst enemy. One piece of advice – don’t mind the “foreigners”, polish your resume, be less arrogant and success will surely follow; maybe one of these H-1Bs will actually hire you if you are respectful enough.

      K. Chaathan

      1. Tom Psillas

        Well, Let’s get something straight.
        The people that came to the USA 20 years ago started at the bottom, working jobs educated Americans did not want. That is how immigration works.
        You cannot just wander over to the USA and take an educated person’s job away, by working 30% less, while the person you replace loses everything he worked for in the last 30 years.
        You guys come over here, steal our jobs, pay no taxes, live 10 to a room, then send all your money back to your country to build mansions.
        My friend, with over 1 million jobs stolen that way, it will not be long when we have another Cowboys versus Indians again in this country. The Cowboys always win, my friend.
        Go back to India before it is too late.

        1. ShaQ

          I am an Indian and i’m sorry to hear that you have lost your skilled job after having 30 years of hard work. Excuse my fellow Indian who cannot understand your situation. It is extremely painful to know and scares me too.
          If you are expendable, we are too!!!!!!!!!!!!

          What you are seeing is not because of Indians. But because of (sadly these are facts),
          1. Dumbed down american population who allow to be pushed and kicked around.
          2. Greedy corporate America (The big shots sitting on top of the food chain). Starting with the…..banks.
          3. Dumbing down of the mostly dumb population (This needs justification)
          a. When an entire population, is able to justify and cry for blood at the drop of a coin (I meant war with innocent countries like IraQ and totally destroy them, for the profit of corporate america). Not just war but, war follwed by another war, followed by another war, followed by…..yea, the never ending story.
          b. And guess what the dumbed down population believes anything that comes out of the idiot box (owned by the same coroprates with vested interests whose ‘only motive is profit’, the reason why u believe u got fired). A population with zero ability to ask critical questions. Blame it all on one word ‘terrorizm’ and sleep well because you believe, ‘you are the good guys’ (The good guys who has started and fought more than 90% of all wars since WWII. You must be really good!!).
          c. The dumbed down population will believe ‘Terrorizm’ is because of one and only one one reason ‘They, the terrorists’, hate America’). That is it!!! End of discussion. There can be no other reason.

          If you are dumbed down so badly to believe anything that comes out of the idiot box that ‘Corporate America’ wants you to believe, then, do you really think you are in a position to complain that Corporate America fired you for the greater good (profit)?

          1. Tom Psillas

            You started out well, blaming Corporations.
            However, you messed up when you call Americans stupid for letting you in, plus for all the wars we fought.
            If America let the rest of the world do what they want, India would probably ceease to exist. You would all be slaves of Pakistan by now. We sent help to India to fight terrorists, since the hotel bombings in your country.
            Freedom my friend has a price. Americans defend freedom, not tyranny. We have paid a steep price for you to come over here and steal our jobs. But let me say that this will not last long, as I am fighting to get all H1B Visa holders expelled from the US. I am suing all companies that have H1B workers, where I could have had the job.
            Over the years, I have produced better software than any H1B worker and have had to clean up the mess you Indians create.
            I am not a stupid American and I will no longer tolerate your presence in this country. I am warning all Americans that if we do not act now, their jobs are next to go.
            I have had over 100K people sign my petitions, which have been sent to Congress. Vote H1B out now, of face being voted out of Congress in 2016. Our message has been heard loud and clear and several bills are being presented next week to fast track eliminating all H1B Visas by 3/1/2015.
            Your days are numbered in the USA.

          1. xyz

            You are just an arrogant, unskilled trash claiming to be an einstein. One who cannot compete always cries like you. You guys cant even do simple maths on your own you need calculators to do simple math which is pathetic. How can some one with zero maths knowledge become a good programmer.

            No company wants to hire H1Bs but they have no option, they don’t get the skilled people. I disagree with your point of 30% less for h1Bs instead its just the other way around. My company pays 40% more to h1bs then regular people why because h1bs are more skilled.

            Company don’t hire based on h1b or not h1b , they hire based on talent and experience. Why would they hire you if can only talk and you cannot perform.

            You know what good luck with H1B removal program ! keep dreaming .
            You racist

    2. chummathe

      Hi Tom ,
      I completely agree to all your concerns. Citizens of any country can not or should not tolerate their jobs taken away by foreigners.
      But at the same time you should remember that there are 100s of American companies operating in the International market and making profit out of their operations from countries like India.
      If you would like to close your borders to foreigners that is perfectly fine ,but just remember that if the world also starts to close borders to foreign companies there would not be any trade going on.
      Can you source all your food supply ,oil needs , clothing etc. from within your country. Just think about that.
      Do you know that the dress that you wear is made of cotton mostly from countries like India.
      Or the veggies that you eat comes from South America.
      When such a situation comes in which all your needs can be sourced from within then you can stop issuing visas to foreign nationals and ask every one to keep out of your country …. till then you might need to accommodate some foreigners.

      On another note mass arrival of poor software programmers will not good for the country. You should have proper systems to retain talented people irrespective of religion, ethnicity or nationality.

  33. Neeraj

    HI,
    I am on L2 from 2011 and working on EAD from 2011 to till now. In 2013 i filed for H1 through one consultant but I did not join the employer and stayed on L2 EAD.
    My question is did I go out of status when my H1 petition is approved?
    Can i continue working L2 EAD ?

  34. jyotsna

    Hi ,

    I have an approved petition from my previous organization. I did not go for stamping due to no opportunities. I have changed to another organization. Now they want to transfer the petition. There is a small issue in it now. There is a change in one of the company name and experience. So Is it possible to transfer the petition even though there are changes in approved petition.

    1. Karen Smith

      Jyotsna,

      Once your H-1B petition was approved, you are now on H-1B status and no longer L-2. You must work on the H-1B, unless it is a consular approval notice that needs activated at a US consulate. But If you received an approval notice with an I-94, then you are on H-1B status and you must maintain that status properly.

  35. VK

    Hi Team,

    I am in tough situation. My visa was expired on sep30th 2014. And my company started processing LCA & extension. Yesterday (Dec 3th 2014) i got the approval from USCIS saying that “On December 3, 2014, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number ###. We will mail your approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by January 2, 2015, please go to www.uscis.gov/e-request to request a copy of the notice.”

    And my company booked my return to india tickets for this sunday (Dec 7th).

    I am planning to resign from my current company to stay back in US. Is it possible to stay back in us with out petition. because currently they have not mailed my petition. And is there any chance to revoke my petition for my current employer?

    Please suggest the possibilities to stay back in us & suggest me is it better way to resign or not?

    Thanks,
    VK

    1. MZ

      Hi VK, as per my understanding, you should be fine if another employer files visa transfer for you.. Once you get receipt of filing you can leave your current employer and stay back in USA. There is always a possibility of missing your flight due to uncontrolled situations. This is my opinion not my leagal advice.

  36. Chandru

    Hi I had h1b Visa and travelled to US on that visa. I had to come to india due to some personal issues. The employer has cancelled my visa. Now I am trying to apply for b1 visa from my current company since i have a short travel to US.
    Will the h1b revocation affect my B1 visa stamping?

  37. mohit

    Hi,

    My company applied for the H1 Visa and H-1B Petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now even before the Visa could be stamped I have resigned from my organization. Now how good will be the Visa status or any action that I can take in the new company that I am joining.
    In case I have to travel in future from my new company would getting H1B be becomes any easy from gett

    1. Sunil

      Hi Mohit,

      I am also in same situation, I couldnt find any answers for this question, If you get the way for this, kindly let me know the process.

      My employeer filed H1b which got selected in lottery and approved, but not stamped. I have resigned and join with other company who is planing to apply h1b for me freshly.

      Now I am in a doubt , weather UCIS will accept this ? or not?

      Please respond when u get any update, same this I do

      Thanks,

      Sunil

  38. King Kong

    Guys,

    If I have my H1B approved for FY 2015. I left my firm 8/15 and that company is revoking the H1B 10/15. I am still cap exempt since I was already counted against the cap for FY 2015 and will be cap exempt for next 6 years, I assume. This means if I have a new employer willing to file for H1B transfer than I will do Consular Processing since I am in H1B but haven’t been maintaining status.

    Any insight or advice would be much appreciated.

  39. Pallu

    I had my H1b renewal (extension) stamping interview at Hyderabad, India on Aug 13-14, 2014. I had my first H1b stamping done from the same post last year April 2013) and received the visa ~35 days post interview after administrative processing. I am a Ph.D from biological sciences working as a scientist in US since 8 year (5 years J1 & 3 years H1b). Since I received administrative clearance about 16 months ago, I did not anticipate: 1) my H1b renewal to undergo administrative processing, and 2) even if it undergoes admin processing, I expected it to be faster. Hence, I scheduled my interview for the very next day after landing in India. I was now traveling to India on bereavement leave as my father passed away suddenly in May 2014 & did not attend the last rites because of urgent planned experiments ongoing that time. Now my visa has been under administrative processing for 56 days and I am still waiting. Also to add, I did not have a change of job, or change in visa, or chnge in employer, or change in name…no major changes since last year…still visa has not been issued yet. My work is severely affected in the laboratory in US and I am fearing to loose my job. Also I am not able to reunite with my 5 year old kindergartener son who is with my husband in US. I have already changed my flight ticket 4 times in anticipation of visa issuance. My employer is threatening to fire me. But how can I go back without my visa and passport ? Can the employer fire me under these conditions ? Please guide me.

  40. vishal

    Hi friends,

    I have H1b approved petition with me. I’m outside of US. Never visited States and never got any visas.

    1. If employer will withdraw my h1b petition after it was approved (i have 797 docs with me) will I be able to file new petition under “Cap exempt” with the new employer, let’s say in a few months?
    2. Am I eligible for Cap exempt for next 6 years if approved petition is withdrawn and never used ?

    I know that i am eligible for Cap exempt for next 6 years if approved petition was never used or expired, but not sure if it applies to withdrawn petitions. Can someone please clarify?

    I researched many topics and forums, and some people say “yes”, some “no”. The reason I am asking is that i have some problems with employer who filled that initial petition. I hope we will resolve them, but still just want to know my options.

    Any input highly appreciated. Thanks.

  41. Prakash

    Can anyone suggest in my case,

    My H1B was approved for 2014, but was denied at Indian Consulate. Now, It was sent back to USCIS (status as below), Can anyone advise me what options I have.
    I am in India, and working for another company ( Not the one applied for h1b).
    ———–
    On July 24, 2014, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you.
    ———–

  42. yeong

    Hi i am new this forum. what does it mean by this statement on I-129 forum
    Can any attorney in this forum give their expert opinion.
    the statement is –
    “d. The petitioner will employ the beneficiary to perform job duties at a qualifying institution (see a – c above) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution, namely higher education or nonprofit or government research.”

    any inputs are welcome.

  43. Akshay

    Hi,
    I have altogether different situation. Let say I get my visa stamped but due to some personal reason I may not be able to join the company at final moment. Will I still hold visa and can apply for another company later on ? Will H1B be revoked and I am again on ground zero where I started and have to find sponsor again next year?

    Akshay

    1. RK

      Technically, you need get it re-stamped before you go with another company by applying H1 cap exempt by transferring your H1B to the new employer.

      Ethically, Just imagine from the employer point of view who helped you to get that visa for you. Also, ask anyone in this forum who is not selected in lottery on how hard it has been for them when you do not get your petition picked up.

      1. AS

        Hi RK,
        Thanks for reverting. I have been in the same boat where my visa dint get selected in lottery before. But personal circumstances aren’t in ourhand. I also wish had it been in control.

        I still dint get what you said. Let say my employer revoke my H1b. Which mean if I get another employer a year later, I need to go through again this lottery process?

  44. akshay

    Hi,
    Thanks for the excellent article.
    I have a slightly different question : I had valid petition and visa stamped through employer A but was not on his payroll and not yet flown to US on that Visa. But now they have withdrawn the petition, can this petition be used by employer B in cap exempt category to get successful H1B transfer ?

    Thanks,
    Akshay

  45. Ali

    I have a valid H1B visa and stamp but I am waiting for my employer’s call to fly to US and join the company in US for last 4 months. What are my options if my employer don’t allow me to fly anytime soon? Is it legal for him to delay my joining after visa stamping is also done? Is there anything I can do to get out of this wait situation? Is it legal for the employer to delay the joining of H1B employee for indefinite period of time? please help me. thanks

    1. ram

      Consulting job market is down in US and hence your employer is asking you to wait in. It also makes sense to wait instead of coming to the US and sit on bench without pay.

      Technically you can take a flight and come to US as you have a valid VISA. But without a job and paycheck you will be out of status.

      >> Is it legal for the employer to delay the joining of H1B employee for indefinite period of time?

      Not really but if you complain they can withdraw your H1B petition and go about their business. The only real loser will be you.

      So I suggest be patient and wait for good times before land in US.

      1. venkat

        Hi Ram,
        Here you’ve mentioned “without a job and paycheck you will be out of status.”
        If a consultancy is ready to transfer his H1B visa once he lands in US and show him the job,can such consultancy be trusted ?
        I heard some consultancies would first transfer the H1B once the job seeker lands in US and then search the jobs,and they would generate the paycheck and pay the tax on his behalf till he gets the job.once he gets the job they would recover money in installments.

        1. ram

          >> If a consultancy is ready to transfer his H1B visa once he lands in US
          Transfer of H1B will require paychecks from the current/initial employer without that you cannot do a transfer.

          >> can such consultancy be trusted ?
          In general no consultancy can be trusted. When times are good (job market) all consultancies will try to keep there employees happy. When times are bad they will abandon there employees in cold blood.

          For example if some consultancy tells you we will transfer the VISA after you clear an interview and get the job then they will go that. But if you are not able to get a job and continue to be out of status they will simply refuse to file the H1 and ask you to go back.

          >> they would generate the paycheck and pay the tax on his behalf till he gets the job
          This is all shady practice and with increased scrutiny from immigration authorities and dept of State will become very risky. Simply put this is not advisable.

          1. Ali

            As per my knowledge that I have confirmed from a couple of other sources as well, if a company transfers H1b visa soon after landing of H1b holder i.e. within 2 -3 weeks of landing then paystubs of current/initial employer are not required for H1b transfer. However they will be required if H1b transfer is filed late. So I dont completely agree with Ram’s comment to first point.

          2. ram

            >> if a company transfers H1b visa soon after landing of H1b

            This is a very rare situation and based on trust. A consulting company doing a H1B transfer as soon as you land means they are expecting you to get a job in weeks.

            I know people who were promised the same but had to go back to India since the H1B transfer was only done AFTER they got a project. Which took 2 months!

    2. Sana

      If i am not wrong i think you can not travel before 1 October 2014 for new petition,That could be reason you employer asked you for wait.

  46. John

    I have a question… I have an approved H1B petition FY2015. So far I didn’t go for Stamping yet… What would happen if my company decide to not hire me anymore and therefore no stamping? Can I be hired by another company without being subject to CAP?

    1. ram

      >> Can I be hired by another company without being subject to CAP?

      Yes. But the consulting job market is down and hence very difficult to find another company who will do your H1B. In fact this maybe the reason why your present company is not sending you for stamping.

      Despite the overall improvement to the job market in US. Companies are looking for citizens or green card holders to join them as full time employees. Consulting industry is a dying a slow death thanks to all the fraud perpetuated by them them for so many years.

      And no company is going to hire a person from outside US on H1B for a full time job. The cost is very high. Upwards of $50,000 which includes relocation costs, etc.

    1. Anoymous

      Hey,
      Question please.
      I have my H1B stamped till April 2016 with Employer A.
      I work with employer B now from which I have a new I797 with expiry on Sept 2016.
      I am planning to go India in mid April and return back in mid May 2016.
      Now because my stamping will expire there so I will have to apply through dropbox and get my H1B stamp validity extended to Sept 2016 for Employer B.
      Now my current employer B will revoking my H1B starting May 1st when i will be in India, But by then I would have my passport already stamped till Sept 2016.
      Will this affect my or dependents travel back to USA in any way?

      1. administrator
        Saurabh

        Anoymous,

        To return to US, you need a valid visa stamp and approved petition from the employer you plan to work for. Yes, B’s visa stamp would still be valid for travel even if they have revoked the petition. However, what petition will you use to return to US as B will be letting you go. Do you have an employer C?

        Also, if B is planning to let you go and you appear for stamping through them and something is needed from the employer, then will they support your case?

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