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Urgent advice needed on the subject matter: If an employer petitions a request for revocation of H1b on sept 15, 2018 and USCIS receives it in 7 days (22nd sep), will the employee be transfered to H1b on Oct 01 based on his approved h1b? As the USCIS will not have processed it yet before Oct 1. Or is it that just the receiption of the revoke request will hinder the employee from getting transfered to H1b from OPT? Thanks in advance.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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As you are a cap H-1B case and the employer has requested revocation of your H-1B before October 1 (U.S.C.I.S. will receive it before that date), the H-1B does not vest according to U.S.C.I.S. interpretation, and so you are not entitled to H-1B transfer. In all probability, you will have to start the H-1B process all over again in April of next year unless you are being sponsored by a cap exempt entity. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 19th, 2018 at 5:52 PM