I have recently got a new job after being terminated and need your advice on a few issues:
Facts of the case
1.I got terminated on 31th March 2012. I am fairly confident my existing employer would have informed the USCIS within a few days of termination
2.I applied for COS to B2 using I539 on 25th March
3.I found a new employer on 4th April. They will file the new/transfer petition by end April via expedited processing.
4. I94 valid till 2014, H1B visa stamp vald till 2014
1. Should I cancel the COS I-539 petition the day my expedited H1b is filed?
2. Based on your experience, What complications/scenarios do you foresee in my case? Is there a high probability of approval?
3. Should my new company file a visa transfer or a new H1b VISA?
4. Will I need a new visa stamp?
If your initial H1B was terminated, and it sounds like it was then they have to file for a new H1B which makes you subject to the CAP. If you are subject to the CAP you can begin working for your new company of October 1, 2012, assuming it is approved.
There is no way that any attorney could possibly tell you on these facts with no access to your file or any information about you, your immigration history (in the long term) or your petitioning company what the probability of approval would be on the new H1B.
You should not "cancel" your I-539 application the day an new H1B is filed. If you do that you are putting yourself at great risk for becoming out of status.
I do wonder though, is there no attorney working on the H1B for your new company?
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You can only be counted once every 6 years. INA 214(g)(7). Definitely agree not to cancel 539 COS. Can't file an AC21 transfer because of the intervening B period. And also need to make sure the B is approved before the new H, otherwise last action rule will mean H approved then it will revert to B.
The above is general advice and no substitute for targeted advice given by a competent attorney. No attorney-client relationship is created by the provision of the above advice.
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