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H1B premiumProcess transfer issue,previous employer canceled

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laxmitp
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Joined: Sun Apr 11, 2010 5:18 pm

H1B premiumProcess transfer issue,previous employer canceled

Post by laxmitp » Sun Apr 11, 2010 5:20 pm

I am on H1B status. I recently changed my job to another company, I have been living and working at United States for the past few years.

The new company (now my employer) did my H1B transfer through Premium process (first LCA and I-129 with Premium process), on April 7th 2010 it got approved on USCIS.gov site and on the same day I received the email approval letter from the USCIS. My company attorney received the email and they forwarded it to me. But on 9th April, Friday evening the attorney sent my HR a letter from USCIS that my previous employer canceled my H1B and my H1B transfer is not approved (but when I check my case status using H1B transfer receipt number at USCIS web page, it still says that H1B transfer got approved on 7th April and the "Decision" circle is marked).

I don't know whether my previous employer canceled while running my payroll and it was so quick that with in two week's time it showed up (as I just left my previous company and it took around 2 weeks to join the current employer, as the LCA approval took 10 days, then they filed I-129 on premium process). I joined immediately after they filed my I-129 and got the receipt.

Is there a way out of this situation and it will be really great if I could get some suggestions on course of action, This is my 3rd week that I am working for this company. The attorney got the approval for my GC and already opened up a case for my PERM/GC processing last month at the same time when they filed for my H1B transfer.

At this point, I really want to stay with this company and start my GC asap. My HR director told me that they will support me and they will figure out what to be done on this Monday with the attorney. I do have another offer pending, is that could be any use to file another H1B via premium process through them?

So far I thought about

1. Is it possible for the attorney to do re appeal and what happens in my case now? with the given fact that my previous employer canceled my H1b and it came to USCIS attention. At this point, I don't know whether the letter
they have sent out to Attorney is an actual H1B rejection/revocation OR an RFE or the reason for my H1B denial. Could anyone please tell me the implications in my case

2. Re appeal and opt for consular processing, that is going to home country, India and getting a new stamping (this has to happen after the attorney files for re appeal giving a brief explanation and request for consulate process, then get H1B approved with out I-94)

3. going to either Mexico or Canada to get the stamping

4. Apply a new H1B visa with the April quota of 2010 and which is going to opened up by Oct 2010. mean while get a B1 in lieu of H1B kind of visa and work till October at this company in US

5. Some how re appeal and get the H1b approved with I-94 (is this possible at this point)

6. As my company does business and projects in International locations (Europe and south Americas) and as I work on those projects, apply for new H1B quota in April and go to any of these countries and work there till Oct
2010 and come back to US in 2010 after stamping

Please advice and really appreciate the timely support

Thanks and regards
Laxmi

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