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Can my Employer withdraw my approved H1B ?

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  • Can my Employer withdraw my approved H1B ?

    I am with a Consulting company X. I signed up a 1yr contract with him and completed it successfully. He filed my H1B this year and I have the 1797 A approval notice with me. It is starting from Oct 1 2014. Currently I am on STEM extension and is valid till Sept 30th 2014. I haven't got my H1B stamped yet. I want to move out of my employer, but my Employer says he will immediately withdraw the H1B.

    1.What are my options to get out of my employer ? ?
    2.Should I stay with him and get the Visa stamped and then do a transfer ?
    3.After my visa is stamped can he still cancel my H1B ?
    4.How do I do a transfer after my visa is stamped ?
    Last edited by kendallguy; 08-23-2014, 05:08 PM.

  • #2
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    • #3
      Originally posted by kendallguy View Post
      I am with a Consulting company X. I signed up a 1yr contract with him and completed it successfully. He filed my H1B this year and I have the 1797 A approval notice with me. It is starting from Oct 1 2014. Currently I am on STEM extension and is valid till Sept 30th 2014. I haven't got my H1B stamped yet. I want to move out of my employer, but my Employer says he will immediately withdraw the H1B.

      1.What are my options to get out of my employer ? ?
      2.Should I stay with him and get the Visa stamped and then do a transfer ?
      3.After my visa is stamped can he still cancel my H1B ?
      4.How do I do a transfer after my visa is stamped ?
      I am assuming your H-1B was approved as a Change of Status (your Approval notice has I-94 at the bottom) because you said you received an [U]I-797A approval notice[/U]. Are you still in the US or did you return to your home country? You have not said it.
      If you are in the US, the best thing to do is to file the H-1B petition to change employers after October 1. After you are in H-1B status on October 1, even if Company X revokes the H-1B, you are still considered counted in the cap and the transfer will be approved.
      Even with an H-1B stamp, you can only re-enter the US in H-1B status after Sept. 20. An employer can file to transfer your H-1B as soon as you enter, but it may be safer to wait until October to file the Change of employer application. Employer X can withdraw or revoke an H-1B at ANY TIME.

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      • #4
        Your message was posted as anonymous on Facebook wall- (25th Aug)

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        • #5
          Yes he can do it , but if you can go to a different employer he can initiate your transfer of H1b, and once your transfer is approved you r good .

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          • #6
            Even after the visa stamped?

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            • #7
              1 transfer now safe way is transfer after oct1
              2 after oct 1 u can transfer .
              3 he can always cancel but after oct1 u r entitled for 6 hr h1 time ..even he cancel u can change job
              4

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