What happens if an employer cancels H1B petition AFTER a H1B transfer request has been submitted?

USA H1B Visa
1

Hi,

I have been on a H1B since October '14 and just decided to accept an offer from a new employer. I put in my notice after my transfer request had been submitted to the USCIS by my new employer, the notice of receipt for which has already arrived. However, my old employer reacted vengefully and decided to cancel/withdraw my existing petition before the start date with my new employer (which is also the start date on the new I-129 petition). I did make a trip back to my home country after my original H1B was approved and so my passport has a stamp that is valid until 09/2017. What happens to my legal status as a resident alien in the US in the interim during which I am not sponsored by either employer? Any help will be much appreciated.

Thanks you

1 Like
2

Your first mistake is to inform the old employer before your new employer petition is approved.

Anyway, if there is a gap in joining new employer, I would suggest you to leave US and reenter after new petition approval, you will not need to go for stamping again as your existing visa is valid but if you stay in US you will be ‘out of status’

3

By new petition approval do you mean the transfer request in cap exempt or through Cap?