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even though technically what chitown has said is correct, usually in your case I see an approval
Normally previous employers do not apply for withdrawl. reason is that if they do, and you still have time remaining on h1b, they have to pay for your ticket back to your home country. They dont get anything out of the paperwork with USCIS also and hence they avoid it many a times. Depends on whether they really did revoke it or not. Most will say yes if you ask because legally they have to say yes, but might not do it actually
Since your new H1b was applied in premium within almost same week of last pay stub...99% you will get no issues if all other parts of your case and petition are strong...for e.g. good credentials (higher education in US to qualify as professional or specialty occupation), strong petition from employer etc. showing good relation between education and your job and also their own financial statements being strong etc.
A. Submit all your paystubs, if you previous employer has not yet revoked the petition you might get lucky...
But Chances are they might ask for further paystubs, so just be prepared....
There is No guarantee that they will overlook missing paystubs but it all depends.
An application is deemed filed once it is received by USCIS. The question is how do you know when USCIS has received the application? There's no one answer to this question. To be absolutely sure, you should wait to get the hard copy receipt notice back from USCIS (which generally takes about 7-10 days). Alternatively, you could rely simply on the Fed Ex tracking notice. However, this is risky because you don't know whether the application was actually accepted for processing. (or rejected for some deficiency). A middle ground could be to wait until USCIS has cashed the checks for the filing fees, which usually means that the case has been accepted for processing.
even though technically what chitown has said is correct, usually in your case I see an approval
Normally previous employers do not apply for withdrawl. reason is that if they do, and you still have time remaining on h1b, they have to pay for your ticket back to your home country. They dont get anything out of the paperwork with USCIS also and hence they avoid it many a times. Depends on whether they really did revoke it or not. Most will say yes if you ask because legally they have to say yes, but might not do it actually
Since your new H1b was applied in premium within almost same week of last pay stub...99% you will get no issues if all other parts of your case and petition are strong...for e.g. good credentials (higher education in US to qualify as professional or specialty occupation), strong petition from employer etc. showing good relation between education and your job and also their own financial statements being strong etc.
A. Submit all your paystubs, if you previous employer has not yet revoked the petition you might get lucky...
But Chances are they might ask for further paystubs, so just be prepared....
There is No guarantee that they will overlook missing paystubs but it all depends.
An application is deemed filed once it is received by USCIS. The question is how do you know when USCIS has received the application? There's no one answer to this question. To be absolutely sure, you should wait to get the hard copy receipt notice back from USCIS (which generally takes about 7-10 days). Alternatively, you could rely simply on the Fed Ex tracking notice. However, this is risky because you don't know whether the application was actually accepted for processing. (or rejected for some deficiency). A middle ground could be to wait until USCIS has cashed the checks for the filing fees, which usually means that the case has been accepted for processing.
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