h1 revoke situation

[vanday]

What is the name of your state? NJ
Hi
Im with employer A and have found another offer with employer B.
I have a few question regardin the H1 transfer and revoke
1.The employer B says that as soon as he submits the papers to the USICS i can legally start working with him. Is this true?
2.Is it posssible for my employer A to submit an H1 cancellation and still have me on his payroll till he gets a confirmation from the USICS about the cancellation.
3.My papers for transfer will be submitted to the USICS by employer B . If my employer A submits a h1 revoke/cancel before my transfer gets approved by the USICS do i go out of status though my transfer papers are submitted to the USICS

Would really appreciate if someone could reply for this post

 

[ImmigAttyLana]

Yes, you can lawfully start working for company B as soon as they file a petition on your behalf. IT really does not matter if company A withdraws your petition since by that time, company B will have filed and you will be safe.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[vanday]

Thanks Lana.
Is it possible for my employer to send in a h1 withdrawal without my knowledge and still have me working for him.
should he inform me to leave as soon as he submits the h1 withdrawal or can he wait till the USICS acknowledges his request

 

[ImmigAttyLana]

Anything is possible, I suppose, but why would you continue working for that employer if a new employer that you WANT to be working for files a petition on your behalf that ALLOWS you to work for that employer?
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[vanday]

Lana Thanks
This is my situation.My empoyer B is in the process of getting the papaers ready and sending it to the USICS, but i have a doubt that my empoyer A knows about my intention to switch empolyer and has submitted a h1 withdrawal, now im just not sure if it has happend but with the situation around seems like its a possibility , but he has not spoken anything about the withdrawal to me so am still on his rolls. So if my empoyer Bs petition reaches late than my empoyer A , then do i lose my Visa , is there no possibility i can do something.

 

[ImmigAttyLana]

I would not speculate on this because there is really no way you can know what has transpired without coming out and asking. So, you just need to have the employer B file asap (it should not take more than a couple of days to prepare the petition and get it ready for filing) and then hope that employer A has not done anything to jeopardize your status. Typically, an employer would not continue to employ you if he has already submitted a request to revoke/withdraw since it makes no logical sense why an employer who want to revoke your status but still keep you employed since the only way you can be lawfully employer is to be in valid status.

 

[vanday]

Thanks A lot Lana. I really appreciate the fact that you take time out and reply to all our queries. It means so much to us to get a clear suggestion from an attorney when we are so confused and apprehensive about our status.
Thanks again for all your help