Generally no one withdraws the application unless you leave on such bad terms that they want to spend money on lawyer to do that. Generally these things are tricky and I do think me or anyone else here is qualified to answer
Yup I waited till my H1B got approved - I was going to leave if they didn’t agree so my email was very polite. Also 180 days gives you that peace of mind and in the event you do not like your new company you’ll be able to leave otherwise you’ll be stuck if your I-140 is withdrawn.
Literally in the same boat now - did extensive research and consulted external attorney and new company attorney. DM if you have a specific question.
Also the withdrawal process can take time like the attorney will have to prepare the petition and have Cisco legal sign it then file it. it’s going to take few weeks min.
And no one can guarantee if Cisco will withdraw or not. What if they say they do not and once you leave they do it - you are screwed
I explained my situation to the new company attorney he explained pros and cons of leaving early - his recommendation was to wait 180 days - and new manager agreed to wait 180 day - my h1 transfer is complete I am literally waiting for the 180 days now.
Thank you for the info, I am not sure if the new company will wait for that long since it’s still a few months away. But it seems like waiting for 180 days is the best option out
I stressed over this a lot too - I badly wanted to leave and was willing to risk it and walk away before 180 days luckily new manager agreed and my joining is moved by 2 months.
I suggest you wait till H1B transfer is filed by the new company.
I sent an email to the attorney explaining my situation and asked for recommendation Then I forwarded that to the new manager and he agreed so you never know.
In the event you leave early and Cisco withdraws your petition - here is what can happen
1) your new H1B will be valid for 3 years with new company 2) you will loose your priority date 3) your old I-140 can no longer be used for future H1B extensions
So you’ll be at the mercy of the new company they will initiate GC but you will be in the same boat as you were 3 years back waiting for new I-140 to get approved before your H1B expires.
comments
Also the withdrawal process can take time like the attorney will have to prepare the petition and have Cisco legal sign it then file it. it’s going to take few weeks min.
And no one can guarantee if Cisco will withdraw or not. What if they say they do not and once you leave they do it - you are screwed
I suggest you wait till H1B transfer is filed by the new company.
I sent an email to the attorney explaining my situation and asked for recommendation Then I forwarded that to the new manager and he agreed so you never know.
In the event you leave early and Cisco withdraws your petition - here is what can happen
1) your new H1B will be valid for 3 years with new company
2) you will loose your priority date
3) your old I-140 can no longer be used for future H1B extensions
So you’ll be at the mercy of the new company they will initiate GC but you will be in the same boat as you were 3 years back waiting for new I-140 to get approved before your H1B expires.