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  1. #1
    Join Date
    Aug 2017
    Posts
    2

    Question What Happens After an I-129 Petition for H1B is Revoked or Cancelled by Your Employer

    Short Background: I am working for ABC employer and XYZ client and my original H1B was issued in 2011, cumulatively I have stayed in US for 1 year. My current petition is valid till 06/29/2018 but my passport is not stamped. Now I am planning to quit my job and take a break for a year.

    Advice: Will my H1B going to be valid for future transfer even if the current employer sends it for cancellation? If so is there a validity period after my current petition expires? Is there an option of making my H1B inactive to reduce my chances of getting RFE during petition transfer in future?

    Note: My current employee is not going to handover the original I-129

    Thanks in advance!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Happens After H1b Visa Petition I 129 is Revoked/Cancelled by Employer

    There is no such thing as an H1B transfer. Whey you leave the employment of the sponsoring employer, that H1B will be terminated. Your new employer can apply for a new H1B. If you do so in a timely manner you can avoid certain steps like worrying about the cap.

    If by "taking a break for a year" it means you're going to leave the US, that's not a problem, but you'll be starting from scratch when you return. If you mean you are going to stay here and accumulate unlawful presence without another visa application in process to hold this in abeyance, then the answer is NO there is nothing you can do to make that legitimate.

    The other fearful thing in your post is you talk about being jobbed out to a specific client. THIS IS NOT WHAT H1B is for. I have serious doubts about the validity of your current visa.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What Happens After H1b Visa Petition I 129 is Revoked/Cancelled by Employer

    "Transfer" refers to special rules for transitioning between H1B employers when you are present in the United States on valid H1B status. The process allows you to start working for the new H1B petitioner before its petition has been approved, rather than having to wait for the completion of the approval process.

    If you are not working for a year, as flyingron indicates, you won't be in valid H1B status and thus won't be able to "transfer". You'll be seeking an entirely new visa and stamp, so it won't matter if your current employer attempts to "revoke" your H1B. Note that the six year limit will continue to apply.

  4. #4
    Join Date
    Aug 2017
    Posts
    2

    Default Re: What Happens After H1b Visa Petition I 129 is Revoked/Cancelled by Employer

    Thanks flyingron and Mr. Kowitall for your valuable inputs!!!

    Just to clarify few things I am currently working for an MNC outside USA and hence require H1B to travel and work in US for certain Clients, so I would believe my current visa is legitimate. During my break I have no plans of entering US however after I join my next company (probably an MNC) will they have to apply my "new H1B" using lottery again?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Happens After H1b Visa Petition I 129 is Revoked/Cancelled by Employer

    That's ***NOT*** what the H1B visa is for. You should consult an immigration attorney before you persist in committing immigration fraud. There are other visas for periodic work visits to the US. Again, your existing use appears to be fraudulent. I can't advise you how to continue to break the law, only make suggestions on how to do things legally.

    Again, unless you have a H1B application from the new employer filed timely after you leave the previous employer, you are going to be unlawfully present and not only will you have to start over with cap issues again, you may be denied and subject to multiyear bans from entering the US by any means.


    STOP MESSSING AROUND and get an attorney to assist you with your specific situation.

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