H1b revoked and got offer from other company

Hi, worked with employer A and got termination notice and last day june 3, and am out of status and got usics txt message on July 1st says pettition revoked and will receive in mail in 15 days.

I got offer from company B on June 20 and filed LCA and h1b transfer on 29th June. This company doesn’t know about my status.

Will I get approval my new h1b transfer ?

Appreciate your quick. Response.


Your H-1 transfer will consist of 2 parts - 797 and I-94.

797 approval will not be dependents upon not maintaining status. However, approval of I-94 will be dependent on maintenance of status. The gap is around 26 days so it could go either way. If I-94 is denied, then you will have to leave US and then return on H-1 visa and this new petition to start working for the employer.

However, the rule of thumb is that your new immigration lawyer should always know your entire case history. Don’t you think they and new employer would be surprised and shocked if your transfer runs into issue due to this.

Hi Saurabh,
Thanks for explaining, so should I explain now my status to New employer or should I wait ? I have stamped visa in passport and I94 until Feb 2017.

Their application is already pending and there is nothing they can do now w/ that information. It is your discretion whether to tell them now or wait and tell if RFE is issued related to this.

Today my employer sent doc which is client place joining date and work credentials agreement. I signed and sent back. Joining date July 11, I still no clue what is going with transfer. And when I asked employer about the status, they said almost done to start work at client place.
If I start work after getting receipt num , will there any RFE ? If so should I have to go back India / Mexico border to comeback with I94? Or should I have to go for stamping in India only ?
As I still have stamped visa until Feb 2017 , should I just go back India or go Mexico border and come back will be ok?
Please advice. Thanks

Is the transfer applied in PP?

You can join them on the basis of receipt. If H-1 is approved w/ consular processing, you can go to CA/MX border and return to get new I-94. No need for another visa stamping as the current one is still valid.

If RFE is issued for this, make sure to let your attorney know the entire case history, so that they can do their best to get the approval.

Thanks for quick reply saurabh, employer said PP

Hi Saurabh, just got this below update from employer -

USCIS has received the case and sent email to us on July 1, 2016 (as per online status). (We have not received the email so far. However, we should be getting receipt by mail pretty soon .

In next message from my employer I can expect positive/negative update?

Looks like when usics receive New petition, they revoked my old one. I don’t know just guessing as both happen same day.

And I have no idea about border crossing CA/MX (if consular) . Appreciate if you could guide me, so that I can look into meanwhile pls


Hi Saurabh, I live in nj, instead CA/MX, Canada will be good or do you suggest any other ??

Yes, CA option may work. I would suggest talking to your attorney about which PoE to use and other things to keep in mind.

Hi Saurabh,
I just received i797C doc which says On July 11th we approved I129 petition for non immigrant workers. Next ? And I started working from July 11 @ client place

Waiting for hard copy of approval, do you think it’s still dilemma ?

also if I have to exit/entry , I also checked other MX border from Texas than CA/MX ??

Appreciate your response


You received has received approval document as 797C and not 797A or 797B?

Is there an I-94 attached to the bottom of the 797?

Yes I received 797C, waiting for 797A/B , hopefully next week . Fingers crossed for A not B.

Hi Saurabh,


I received i797 with I94 without any issues

That is good news! Congrats!!!