Work VisaMar 21
NewpxkC62

Company threatening to cancel H1b transfer

My company filed for my h1b transfer last year September under regular processing. I have the transfer receipt with me but the h1b is not yet approved. Now i want to leave the consultancy and move back to home country, the consultancy is threatening to cancel h1b transfer today and i cannot move out of the US immediately. What are my options? Can they cancel the transfer? Is there any grace period after this? #h1b #workvisa

Apple pk-69 Mar 21

Do you have rfe

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pxkC62 OP Mar 21

No

Illumio CodeYard Mar 21

You want to move to Home Country and not cancel H1-B as well? You need to prioritize priorities.

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pxkC62 OP Mar 21

I am okay with cancelling, i am just asking my company to wait for 10 days to cancel as we get time to move back. As our planned move date is 10 day later. My main concern is if they cancel today would i accrue unlawful presence for 10 days ?

Illumio CodeYard Mar 22

It doesnt happen right away with a click of a button I believe; They need to prep the cancellation and file it through USCIS. You anyways get 60 days of Grace Period even if you lose Job/ Laid off so you Should be good there.

Evernorth Satark Mar 21

Are you planning to move back to home country for long? Then why you worried even if they cancel the transfer?

Evernorth Satark Mar 21

Btw you don’t need H1B to work in home country. And even if they don’t cancel the transfer, they will have to cancel it once you are no longer employed with them irrespective of you living in the US or not.

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pxkC62 OP Mar 21

I am okay with cancelling, i am just asking my company to wait for 10 days to cancel as we get time to move back. As our planned move date is 10 day later. My main concern is if they cancel today would i accrue unlawful presence for 10 days ?

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pxkC62 OP Mar 21

Maybe my question was not clear. My question is if they cancel it today, would it get grace period to move back ?

IBM UjcS48 Mar 24

you got the answers from several people, not sure why you're so confused about. without visa validity, you can stay legally for 60 days if you're already in the US. what's your problem now? 🤔

C3.ai sussano342 Mar 25

When did they stop payroll or when were you of a project?

Uber zHmh13 Mar 21

Usually, it's at least a weeks process, they gotta file the requisition letter and form and send it, then USCIS needs to ack it and the process it, don't worry they are just idiots trying to blackmail you

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pxkC62 OP Mar 21

Oh thank you so much. You certainly have helped ease my mind a lot. Now i can spend my last few days here at peace Thank you again very very much

Uber zHmh13 Mar 21

No worries, I know someone who went through revocation and it took a good 2 weeks. All the best and have fun.

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Ayanokōji Mar 22

There is no company that can revoke your h1b visa completely. All they can do is layoff where u get 60 days of grace period to find a new job or move out of country. After that if u still have time left in 6yr,s any company can sponsor for h1b by filing a new transfer application.

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pxkC62 OP Mar 22

They said they will revoke the transfer

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Ayanokōji Mar 22

Let them do whatever they want, it will not affect anything with regards to H1b in future unless u have completed 6yrs on h1b. Every h1b transfer is a fresh h1b application and does not depend on past application again unless ofcourse there is a blacklisted company which may create RFE for u.

Smartsheet _money_ Mar 22

Lol, you can move out of the US anytime you want.

This comment was deleted by the original commenter.
IBM UjcS48 Mar 24

why are you making up grace period on your own? There's no 2 week. From the time when visa ends, you have 60 days to vacate

Amazon uEXc86 Mar 24

I said min 2 weeks

SAP babayaga44 Mar 24

Why r u coming back from dream country may I ask ?

Microsoft TC250 Mar 24

Dream country is a relative term

Rivian HJ72aLo Mar 25

I recently made the same decision. There are many reasons, but above all, Europe feels safer. I don't want to worry about my children's safety at school, or fear financial ruin due to health issues. I don't want to live in a place where owning multiple cars and spending hours on congested highways is the norm. Surprisingly, many of my US-born colleagues are also relocating, heading to places like Southeast Asia, Central America, and Europe, where you might earn less but get so much more for your money. While the US is undeniably beautiful, the new American dream for many is to leave the country

Amazon SantosPapa Mar 25

You can 60 days as grace period so you won’t be unlawfully present. Let them cancel and you leave for India.