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  1. #1
    Join Date
    Feb 2018
    Posts
    1

    Default What Happens if a H1B Petition is Withdrawn Before Approval

    My old old H1b is revoked by Company A at July 15th. Company B within 60 days applied for a position in North Carolina and the end client project did not start. So B applied another H1b transfer this time for a different client in Michigan at September 5th.

    I am still working in MICHIGAN. I got denial yesterday. I am leaving Michigan by Friday. I got a new end client in Pennsylvania. The employer B is saying that I can move to Pennsylvania if they file for amendment. I asked amendment based on what? They said on November your H1b transfer for North Carolina was approved but we didn't tell you. Because,they has sent a letter saying they want to withdraw it at October 2th since the north carolina project did not start.

    Last night they sent me approved H1b for north caroilina with 194 valid until 2020. The approval date id November 10th. 40 days after withdrawal its approved! They still have not received any acknowledgment from USCIS that its withdrawn.

    1) Should I use the approved H1b and transfer to a new employer for Pennsylvania project? I just have 2 days to make this decision.Or I should file an amendment with the current employer.

    2) Is this possible that USCIS has lost the withdrawal letter ?Are they gonna take the approval back?My employer did not revoke anything.They withdrew it.

    Thanks Quote

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens if a H1B Petition is Withdrawn Before Approval

    The term "transfer" is something of a misnomer, as you don't actually transfer a H1B visa. It's a term that is used to describe your ability to start working for a new employer based upon your being in status as an H1B worker before your new petition is approved -- but each employer actually applies for a separate H1B visa.

    Neither your time line nor your present status are clear. You should clarify your situation or discuss your situation with an immigration lawyer, as you have indicated that you need to make a decision quickly and we cannot be certain that anything we say will be accurate based upon the small amount of information you have shared about your case.

    If the USCIS approved an H1B visa despite the petitioner's having asked to withdraw the petition, it is reasonable to infer that they didn't process the withdrawal. Why that may be the case, and what may happen in the future, I couldn't say.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Happens if a H1B Petition is Withdrawn Before Approval

    I have a feeling company B is illegally using the H-1B process. Anytime I hear of a H-1B worker being hired to put at a dedicated site that goes away as soon as that contract ends, it smells royally of body shopping which is illegal.

    There's really no such thing as "H-1B transfer." Each H-1B application is distinct. There are a few steps (like certain cap issues) you can skip if you've been through them beofre, but otherwise it's like starting from scratch. Of course, if you've legally entered the US and apply while you're still in legal status, then you can stay while this gets worked out.

    If B got approval for your job situation, yes they can amend that (actually if they did things right, they wouldn't have to. You'd have been hired for a specific on going reason rather than whatever a particular customer has money for today).

    I'm missing the time sequence and who is withdrawing what. Anytime you either leave a job or decline to take a job, that visa is going invalid (and the employer is reqiured to cancel it). If you have another H-1B application in, that's fine.

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