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Petition Under uscis review looking for H1B transfer request with new employer.

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  • Petition Under uscis review looking for H1B transfer request with new employer.

    Hi,

    kindly advice on the below case.

    My colleague has h1b approved petition( WAC YYYY YYYY ZZZ) and after attending consular interview his process moved in to 221g(dec 2014) . His employer did not maintain sufficient documents properly and consular office suggested to revoke h1b petition to uscis and so currently case status is still under review for uscis from dec,2014 and Petition is valid till sep,2017.

    currently case status is still under review for uscis BUT petition is not revoked yet

    Before uscis makes decision:

    - can we consider his case for transferring the petition to another employer because he has valid approved petition even though under review(by uscis),
    - If so then transferring the petition be considered for under cap exemption ?
    - Will this be chargeable to complete the h1b transfer ?
    - Any risks associated in transferring the petition..!

    thanks,
    santosh.

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