H1B Revoke and transfer-URGENT

Hello Experts,


I have resigned from my current company (A) and my last day is 25th Aug.

I have initiated my H1B visa transfer with Company B wherein at this point just the LCA has been filed.

Since my last day with Company A is 25th Aug, I assume they will revoke my visa.

So my questions are:

I had this discussion with my Company A on 4th Aug that I will be out of the company by 25th Aug. At what point they will revoke my H1B visa. Is it after my last day or when I had the discussion? How long does it take for USCIS to revoke the H1B visa?

I understand I can join Company B with receipt notice but what if the receipt notice comes after 25th Aug ie after my last day at Company A? Will I be in trouble since I would be out of status at that time.

There is another Company C that has given me an offer but has not started my visa transfer. If they initiate the visa transfer on 31st of Aug then which receipt should should I give to them for the visa transfer. Is is the receipt number which my current Company A is holding (that they will revoke) OR the receipt number that is given by Company B (which is still not approved and in transfer process).

Since I am leaving the Company A who also filed my GC, can they revoke my GC (I 140)? Its been more then 6 month after my approval came.

I would really appreciate your help on this as this is time sensitive.

Hello Experts,
Any help on this would be really appreciated.

  1. They would send the withdrawal request after your last day w/ them. That’s what typically companies do, but your company may or may not follow that

  2. You can join B as soon as the transfer petition is received by USCIS. It is not necessary that paper receipt notice should be in hand by Aug 25th.

  3. They have to use A’s receipt as that would be the only approval notice. They would also need B’s transfer receipt as you will considered in status b/c of B’s transfer receipt and their employment.

Thanks Saurabh.
I read couple of your other comments and I thank you for helping all of us out. Few more questions I have and would appreciate if you can help:

Can I use the petition from the current company to transfer even after they withdraw?
Do I have to go for Counselor processing after that?

Company B has initiated the transfer but has not given me the offer letter? Will that be a problem?

Yes, cap-exempt petition (aka H-1 transfer) can be applied even if current employer withdraws the petition.

B will be applying for extension of status as well. If the same is approved, then you can continue to stay and work for B. If EoS is denied, then you will have to leave US and return on stamped H-1 visa and B’s petition to work for them (no need to get H-1 visa stamped again as long as it has not expired)