Intent to revoke


I got my h1 extension filed in June 2018, got the approval in Oct 2018. My I94 is valid till Aug 2021. But during the h1 extension approval process, I had to change the project and I have filed amendment. I got my amendment RFE and with that I got an Intent to revoke from USCIS on 2nd April 2019 on the approved extension, the reason being my employer filed my extension saying he is not h1 dependent but his records doesnt say so, USCIS gave 30 day notice. Now I have filed my h1 transfer on premium queue with all the documents from the current ongoing project, I’ll be recieving the receipt by end of this week.

My questions are:-

  1. Can my old employer withdraw my h1 petition?
  2. Can I continue to work with my current client with H1 transfer receipt?
  3. What happens if my old h1 petition gets revoked by USCIS by May 1st week?
  4. My I140 is in RFE as well, can my new employer port it?
  5. Do I need to wait till the approval to tell my current employer about my resignation?
  6. If USCIS revokes my old petition, does that impact my next h1 transfer petition or any visa stamping in future?
  1. They can, but you are cap exempt, so counted towards cap, so may not matter.
  2. Yes, based on the new transfer petition. But, if the previous extension was denied, then I suggest you check with attorney how it will work. I am not sure, how it will work with your previous stay from June 2018.
  3. It may not matter, as you already have technically transferred. If needed, depending on suggestion from your new employer, you may exit and re-enter the country.
  4. If your Labor was approved and I-140 filed within 180 days of LC approval, you may be able to retain the priority date when you go to another employer.
  5. You do not need wait. You can join based on receipt notice. If you want to be extra safe, you can wait till approval and then inform.
  6. Well, it should not because, your transfer petition is a totally new one and it should not. But, check with your attorney on the stay from Oct 2018 till today…if needed, you may need to exit and re-enter.