Work VisaFeb 1, 2019
Gogo2390

H1-b visa (Revoke)

In case I joined company B on a H1 receipt notice how can I verify whether company A has revoked my H1-b or not . Also Incase if my transfer gets denied and employer A has not revoked my H1 then with in how many days I am eligible to join Employer A back For Example : Nov 11th : Employer B files my H1 transfer Dec 11th : Joined Employer B on receipt notice Jan 11th : Cross checking Employer A Has not revoked my H1 Mach 11th : Transfer denial (Assumption ) In this case am I eligible to join company A won’t the 60 days H1 unemployment be one of the reason why I won’t be able to join Employer A back

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PayPal Reykjavik! Feb 1, 2019

Do you think employer A will re-hire you?

Gogo 2390 OP Feb 1, 2019

Yes

PayPal Reykjavik! Feb 1, 2019

I think you can join if it’s not revoked but I guess they are supposed to revoke it within certain days. Talk to attorney of company B(they would not mind a answering this question)

Cerner Nani!!? Feb 1, 2019

Yes, as long as your employer rehires tou within 60 day grace period and has not revoked your h1 b But do check more about some caveats related to maintaining employer-employee relationship in H1.

Microsoft UMbR31 Feb 1, 2019

Man, as a fellow H1B holder, I'm sweating just reading this post.

Gogo 2390 OP Feb 1, 2019

Nothing to worry .... it’s just a scenario.... Incase h1 is not revoked which usually small companies don’t do it as I read somewhere it’s gone charge them additional 1000$ So let suppose with no PP denial came after 4 months of receipt notice now my old company can hire me back but what about the 60 days gap .... simple

Oracle fangdu Feb 1, 2019

You haven't heard back after filing on Nov 11th? Some people filed in December and have received a response. I wonder in what order they process the case.

Qualcomm GFfscjh Feb 1, 2019

Here is what happens in short- as soon as you get on the payroll of employer B, your H1 at employer A is automatically revoked. To go back to employer A, once you have already started working for B, A well need to file a new petition, and in all likelihood this won't be a transfer petition since your transfer petition filled by employer B was denied.

Gogo 2390 OP Feb 1, 2019

New petition means going back to lottery?

Qualcomm GFfscjh Feb 1, 2019

Not lottery but they have to file again and wait for approval before you can start at A.

SanDisk Kongfu Feb 1, 2019

Join B after approval, don't play fire under Trump

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weep Feb 1, 2019

I am in the same boat now. But have told company b that I will join after Approval. When you jump from a to b on receipt you will enter a non reversible path where in case after joining b your h1 gets rejected , you will have 15 days time to leave the country and you will not be able to to exercise your 60 day unemployment to join company a or any other company who might be willing to apply h1 for you while still residing in the USA. You can attend the counsular interview for company B from your home country if they are still interested in you. Paid two attorneys to get the same answer regarding this. guess I might have saved you $250 .

Gogo 2390 OP Feb 1, 2019

But why can’t I join employee A when he is ready to rehire me also employee A h1-b is not revoked ?

New
weep Feb 1, 2019

Don't know man. Attorneys said that won't work. Even if A still wants you back, the immigration process won't let you switch/backtrack. If you can find a different answer from your attorney, please update th

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New
weep Feb 2, 2019

Well h1 b is a dual intent visa. Which means it is appropriate to assume / strategize opinions in terms of permanent resident and as a temporary resident.

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flippy Feb 2, 2019

That means you are allowed to apply for greencard. It doesn't mean you are already a permanent resident!

New
weep Feb 2, 2019

I think you missed the point, while you want to lean more towards the temp part of h1b, there is no path to claim the benefits for which I already pay for. I pay taxes for the service and resources. In the event of me getting my hair rejected next time, all the money I paid towards Medicare and social are not accessible to me . You may want to realign your mentality that h1b are not those who jumped the wall and are claiming benefits. They are a huge source of revenue for the govt. People who have just been lucky enough to be born here without going thru the merit of a h1 dont have a clue of what it takes . I support paying taxes and supporting the country but don't expect me to support your socialist views.

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weep Feb 2, 2019

Get your facts right, h1b dont have access to social and Medicare unless they Are PR. When you are breathing thru tube in your last years thank the h1b since a lot of their unused money helped keep your broken social and Medicare system float.

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flippy Feb 2, 2019

Correct for Medicare. Not correct for social security, you can claim that while living in another country so long as you have enough qualifying years. H1b should be thankful to be here at all it's a privilege.