Urgent - My H1 is revoked

[nishanth12 1]

I got layed off on July 1st. My H1/I-797 got revoked on July 22nd.(verified on USCIS website)

I found a new employer willing to file H1/I-797 petition to transfer/re-apply in premium on August 5th.(he needs till Aug 5th for preparing documents)

I have paystubs till July 15th, also may get one last pay on July 31st because of severance.

I also got my H1 visa stamped last year and is valid till Aug 2018.

Here's what i wanted to ask:

1) Should my new employer file for H1 transfer or new petition? If new petition, is it through Quota again?

2) What are the chances of my new employer's H1 petition to be approved?(provided all documents are in place)

3) What would you do if you are in my place? Any heads up will be appreciated.

[Mollie09 1,543]

I got layed off on July 1st. My H1/I-797 got revoked on July 22nd.(verified on USCIS website)

I found a new employer willing to file H1/I-797 petition to transfer/re-apply in premium on August 5th.(he needs till Aug 5th for preparing documents)

I have paystubs till July 15th, also may get one last pay on July 31st because of severance.

I also got my H1 visa stamped last year and is valid till Aug 2018.

Here's what i wanted to ask:

1) Should my new employer file for H1 transfer or new petition? Transfer petitions don't exist If new petition, is it through Quota again? No.

2) What are the chances of my new employer's H1 petition to be approved?(provided all documents are in place) The same as any application.

3) What would you do if you are in my place? Any heads up will be appreciated. You have overstayed since July 22nd. Apply and see the answer you get. It might be forgiven.

[HollywoodNorth 22]

I've seen H1B transfers approved with a few week, 1-2 month gap. Make sure the new employer filed through premium processing and you should have a new I797 within 5-10 business days if approved.

Ideally, the case is filed before you current jobs end date even if the start date is a few months out, but I know cases where people still got the approval after the fact.

[randomstairs 309]

1) There is no such thing as "transfer" of H-1B. However, in your case you can start working with the new employer once the case is received by USCIS and don't need to wait for the approval (can work for 240 days after the receipt even without approval).

2) If all the documents are in order there is no reason for denial. But nothing is guaranteed.

3) You did NOT in fact overstay your visa so don't worry. Your lawful presence is exactly until the date on the I-94. You are out-of-status but are not unlawfully present. Apply with the new employer and update us on the progress.

BTW: If you have not filed for the new H-1B yet and you possess a valid EAD, you can and should work temporary (anywhere you want) before the new employer files your case.