Current H1B revoked with Employer A. Employer B applied H1B transfer in regular process

USA H1B Visa
1

My current employer A terminated my job on 18th Aug 2016 and applied for H1B revocation and approved on 30th Aug 2016 on USCIS site.I got job and employer B applied H1B transfer on 22nd Sep 2016 in regular and he will convert into premium after we get receipt number. I have pay stubs till Aug 17th.1) Gone through the posts… released i will be in cap exampt and h1b transfer will be approved. Is this correct?2) In this scenario normal or premium is best?3) Incase if it deny in normal or premium process… from 22nd Sep 2016 (H1B applied) also count as OOS? Or only till 21st Sep 2016Appreciate your valuable suggestions!

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  1. You are cap-exempted. However, H-1 transfer approval is not guaranteed

  2. I would say go for PP as you didn’t maintain status for about 1 month in b/w. So the sooner you get the clarity, better it is.

  3. I didn’t understand this question.

3

Thanks Saurabh.

  1. From which date i am out of status count from Aug 18th (employment termination date) and Aug 30th (H1B revoked)

I am joining with Employer B from Sep 26th with receipt notice. So he will generate pay stubs.

So missing pay stubs are from August 18th to Sep 25th (38 days).
Employer B upgrade into premium on Oct 8th as they receive receipt number by Oct 7th (2 weeks).

They reply RFE immediately so H1B transfer status known by 31st Oct.

I am planning to travel by Oct 31st (75 days) with Sep and Oct pay stubs any cost.

Please suggest

4

You are out of status from the last date of employment with old employer.