mardi 27 février 2018

H Visas: What Happens if a H1B Petition is Withdrawn Before Approval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 They still have not received any acknowledgment from USCIS that its withdrawn.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


H Visas: What Happens if a H1B Petition is Withdrawn Before Approval

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