Apply for H1-B Transfer from Employer B after Resign From Employer A

[bhaskarj1406]

Hi,

Employer A Applied my Petition for H1-B and I Worked in USA for almost 8 Month . Now I am in india and want to transfer my Visa.
Employer B is ready to Transfer my visa after join there company

My Questions are:-

1) Is it fine that Company B Start my Visa Process after I resign from Company A, If yes then is there any time period to apply for H1-B Transfer.
2) Can Company A revoke/cancel the Petition , if yes than in that case will it affect on my H1-B visa or Transfer.
3) as i am not living in USA from last some month , can i get adjust these days/month to work in USA.

Appreciate you Legal Response.


Thanks,

[raghvi]

Hi,

Employer A Applied my Petition for H1-B and I Worked in USA for almost 8 Month . Now I am in india and want to transfer my Visa.
Employer B is ready to Transfer my visa after join there company

My Questions are:-

1) Is it fine that Company B Start my Visa Process after I resign from Company A, If yes then is there any time period to apply for H1-B Transfer.
2) Can Company A revoke/cancel the Petition , if yes than in that case will it affect on my H1-B visa or Transfer.
3) as i am not living in USA from last some month , can i get adjust these days/month to work in USA.

Appreciate you Legal Response.


Thanks,

1. Its fine. They can apply a cap exempt h1 within 6 Years from your last held H1 status date.
2. Even if Company A cancels/revokes the H1 as you are cap counted you would remain cap exempt for 6 Years from last held H1 status date.
3. Only time stayed in US in H1 status counts towards the 6 Year limit so yes, the time spent outside US can be recaptured.

This is my opinion not legal advice.