Immigration Voice

saurabh99 · #1 (**permalink**) 07-14-2012, 08:12 AM

Hello!
I have an urgent question.

An employer had put in an application for my H1-B visa this year in April to be in effect from October 1st, 2012. Until now, I was working with that employer on my 17-month OPT STEM extension. But that employer yesterday terminated my employment. That employer told me that they are going to revoke my H1-B visa application.

My 17-month OPT STEM extension is only valid until December 1st, 2012. Now when I find a new job, I will only be able to work with that employer until December 1st, 2012 as my new employer will not be able to file a new H1-B visa application for me as the H1-B visa application quota for this year is already full and the USCIS is no longer accepting any new applications.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?

An early reply will be appreciated.

Thank you!
Saurabh

saurabh99 · #2 (**permalink**) 07-19-2012, 12:34 PM

I had asked my previous employer to not withdraw my H1-B so that I can port it to a new employer. They said that this is not possible unless I am already in H1-B status which will not be happening in my case as my employment with the company is over before the H1-B effective date of October 1st, 2012. Is this true?

But they say that since USCIS had accepted my H1-B application and I have a receipt number for that, a new employer may be able to file a new H1-B petition for me using that receipt number and like this I will not be counted against the cap for H1-B visas. Can this happen? Please let me know ASAP.

This is important for me as the cap for H1-B visas is already over for this year.

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