IS H1B Transfer is possible after withdrawn the petitio

[firsteast]

Dear Friends,

My H1b visa is valid till 2015. Currently I am working in US. I plan to go to india & quit the current employer due to some personal reason.

But My current employer has a policy like "Withdraw the petition immediately after the resignation".

My question is "Is it possible to transfer the H1b visa after the petition is withdrawn ?"

Kindly provide your suggestion which would be helpful to me.

[Nattybone]

Dear Friends,

My H1b visa is valid till 2015. Currently I am working in US. I plan to go to india & quit the current employer due to some personal reason.

But My current employer has a policy like "Withdraw the petition immediately after the resignation".

My question is "Is it possible to transfer the H1b visa after the petition is withdrawn ?"

Kindly provide your suggestion which would be helpful to me.

Hello, Firsteast.

Your employer can definitely revoke your visa. But, H1B belongs to you. You can always find another employer and file afresh. You do not even need to go through H1B cap next time. Once you have H1B, you can use it for 6 years. i.e.: If you H1B was issued in 2012, and you have used 1 year. Now, you go to India and work, find another employer and you can claim the balance 5 years without being subject to H1B cap. You can avail this till 6 years from the point you were last on H1B status. So, if you leave USA in 2013, and your H1B was issued in 2012, you can recapture the remainder till 2019.

Hope this helps.

Cheers,

[firsteast]

Hello, Firsteast.

Your employer can definitely revoke your visa. But, H1B belongs to you. You can always find another employer and file afresh. You do not even need to go through H1B cap next time. Once you have H1B, you can use it for 6 years. i.e.: If you H1B was issued in 2012, and you have used 1 year. Now, you go to India and work, find another employer and you can claim the balance 5 years without being subject to H1B cap. You can avail this till 6 years from the point you were last on H1B status. So, if you leave USA in 2013, and your H1B was issued in 2012, you can recapture the remainder till 2019.

Hope this helps.

Cheers,

Thankyou Nattybone