Legal Question in Immigration Law in Virginia

Hi,

I applied H1B extension on 08Aug2009 as well as submitted all the required documents for RFE status on 12Nov2009 through my old employer(as of 07Dec2009).

Meanwhile I got a new offer from another employer on 14Nov2009 after submitting documents for RFE through my old employer.

I accepted the offer and asked my new employer to do H1B transfer. The new employer also applied for H1B transfer on 19Nov2009 and got receipt number. So I resigned my old employer on 07Dec2009 and joined new employer on 08Dec2009.

But my old employer has withdrawn my H1B extension petition on 07Dec2009 the same day i resigned.

My question is:

1. Will it affect my H1B transfer with my new employer?

2. Should my new employer to be notified by this withdrawal?

3. If this withdrawal doesn't affect my H1B transfer, Will my H1B be transferred with extension as well with this new petition of my new employer?

4. Let me know if any precautionary work around or anyother activity i need to do to get my H1B transferred as well as extented.

Thanks in advance.

Regards


Asked on 12/12/09, 12:27 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

1. Should not affect it.

2. Shouldn't matter either way.

3. That probably depends upon USCIS.

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Answered on 12/18/09, 9:30 am


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