Employer cancelling my H1, how to avoid cancellation

[ravi415 0]

This April an employer (who isn't my current employer), submitted a H1 petition for me. The same got approved this June (06/2015). I have my receipt number.

Currently I am in India and the employer wants me to travel this month, I cannot travel for next 3-4 months. Employer has informed me that, he will get my H1 cancelled if I cannot travel this month. I don't have the original petition, employer has the petition. Also, my Visa isn't stamped.

1) Can an employer withdraw/cancel a H1 petition?

2) What can I do to avoid cancellation?

3) In case if this H1 is cancelled, will I be CAP exempt? (Can I evade lottery?)***

4) If another employer is willing to get my H1 transferred, Can I get it transferred?

4b) Will cancellation of H1, have any impact on this transfer? (There is an employer, who is willing to get my Visa transeferred to his company, however, he is apprehensive that once the original employer cancels my H1 petition, USCIS will revoke the transfer, is this a genuine risk?)

5) What would be the best approach to get it transferred to a new employer.

a) Request the old employer to send the petition, use that petition to get it transferred to a new employer.

OR

b) Request the old employer to send the petition, get the visa stamped. Then ask the new employer to get it transferred? Considering I take this route, do I need to get my Visa stamped again, because of change in employer and transfer request was submitted after stamping?

6) If I get my Visa stamped, then inform my employer that I cannot travel. He goes ahead and cancels my petition. In such a case, will I be CAP exempt. Because my Visa was stamped (Please note I am not travelling, just getting Visa stamped)****

7) If I get my petition transferred, will that have any chances of rejection during interview?

8) Is it true that, if I get my Visa stamped, employer cannot cancel my petition?

9) What should I do to ensure that my employer losses the right to cancel my petition.

10) If my employer cancels this H1, will that have any impact on my future petitions? ***

Thanks in Advance. Please let me know if I am missing anything that I should consider in current scenario.

All I want is, to hold a Visa and still not travel in the near future.

Thanks Again.

[Mollie09 1,543]

A lot of misconceptions in these questions.

This April an employer (who isn't my current employer), submitted a H1 petition for me. The same got approved this June (06/2015). I have my receipt number.

Currently I am in India and the employer wants me to travel this month, I cannot travel for next 3-4 months. Employer has informed me that, he will get my H1 cancelled if I cannot travel this month. I don't have the original petition, employer has the petition. Also, my Visa isn't stamped.

1) Can an employer withdraw/cancel a H1 petition? Yes, absolutely. It's their petition.

2) What can I do to avoid cancellation? Nothing

3) In case if this H1 is cancelled, will I be CAP exempt? (Can I evade lottery?)***

4) If another employer is willing to get my H1 transferred, Can I get it transferred?

4b) Will cancellation of H1, have any impact on this transfer? (There is an employer, who is willing to get my Visa transeferred to his company, however, he is apprehensive that once the original employer cancels my H1 petition, USCIS will revoke the transfer, is this a genuine risk?)

5) What would be the best approach to get it transferred to a new employer. There is no such thing as an H1B transfer, it's just a new application

a) Request the old employer to send the petition, use that petition to get it transferred to a new employer.

OR

b) Request the old employer to send the petition, get the visa stamped. Then ask the new employer to get it transferred? Considering I take this route, do I need to get my Visa stamped again, because of change in employer and transfer request was submitted after stamping? The petition belongs to the employer, not you. A new employer would have to start the petition all over again.

6) If I get my Visa stamped, then inform my employer that I cannot travel. He goes ahead and cancels my petition. In such a case, will I be CAP exempt. Because my Visa was stamped (Please note I am not travelling, just getting Visa stamped)****

7) If I get my petition transferred, will that have any chances of rejection during interview? Yes, it's a new petition

8) Is it true that, if I get my Visa stamped, employer cannot cancel my petition? No. They can cancel your visa even if you stamp it, make it all the way to the US, and are working for them.

9) What should I do to ensure that my employer losses the right to cancel my petition. Nothing. It's not your petition, it's your employer's, and they can cancel it an any time, for any reason.

10) If my employer cancels this H1, will that have any impact on my future petitions? ***

Thanks in Advance. Please let me know if I am missing anything that I should consider in current scenario.

All I want is, to hold a Visa and still not travel in the near future.

Thanks Again.