Problem in my H1B status

[Phaniraj]

Hi,

My H1B is under transfer. My spouse and kid who are under dependent H4 visa are in India now. My former employer is threatening me with visa cancellation.

If my former employer cancels the H1B even before my new H1B is approved, would my family be able to enter into the US?

Please help.

Regards,
Phaniraj

[ActAccord]

Generally it takes several months to cancel a visa, so before that happens you will get response on your transfer.

Does your employer knows you have applied for transfer ? to my knowledge transfer will happen within a month or two.

[Phaniraj]

Yes. He is aware that I have applied for transfer.

[mprasad]

I am in a very similar situation... my understanding is that you cannot transfer your visa if you are not on payrol.

[Phaniraj]

I am on Payroll. And I have all the paystubs for the past 6 months