H1B revoked and transfer

[carayae]

Hi,
I had an approved H1B valid starting on October 2013 (I have the approval notice I-797). However, I was laid off on Jul 2013 and never used my H1B (then the H1B was revoked on November 2013).
I was never out of status since I was under OPT and then left the country. On January 2014 I came back with a new F1 visa since I started a full time graduate program. I also got a job offer and they are filing my H1B transfer.

Will my H1B transfer petition be denied for any reason?

Thank you!

[Nattybone]

Hello, Carayae.

Your H1B petition largely depends on the employer, job offered, and the paper work submitted. A number of H1s get revoked, cancelled each year - they, as such, do not have a negative impact on future petitions.

I hope this helps. Wishing you luck.

Cheers,

Hi,
I had an approved H1B valid starting on October 2013 (I have the approval notice I-797). However, I was laid off on Jul 2013 and never used my H1B (then the H1B was revoked on November 2013).
I was never out of status since I was under OPT and then left the country. On January 2014 I came back with a new F1 visa since I started a full time graduate program. I also got a job offer and they are filing my H1B transfer.

Will my H1B transfer petition be denied for any reason?

Thank you!

[carayae]

H1B revoked and transfer

Thank you! My employer is one of the big 4 consulting firms ? Will that help?
Also, I'm from Chile, if the h1b transfer doesn't work. Can they apply for the h1b1 instead?

[KaranSingh]

H1 revoke / cancel, can further petitions be cancelled

Hi ALl,

I am currently in India and have an H1 approved and stamped (never traveled to US on H1) from company A. I don't feel the company A does not have projects and will not be able to send me to US. I am planning to switch my job in INDIA itself to company B. Following is my query:

I understand that as per law company A has to revoke my petition once I resign from A and company B has to submit a new petition for me to move me to US. Is there anything that the company A can do so that my other petitions from company B do not get approved OR i become ineligible for H1?

Thanks in Advance.

[raghvi]

Hi ALl,

I am currently in India and have an H1 approved and stamped (never traveled to US on H1) from company A. I don't feel the company A does not have projects and will not be able to send me to US. I am planning to switch my job in INDIA itself to company B. Following is my query:

I understand that as per law company A has to revoke my petition once I resign from A and company B has to submit a new petition for me to move me to US. Is there anything that the company A can do so that my other petitions from company B do not get approved OR i become ineligible for H1?

Thanks in Advance.

There is not much A can do. Do make sure you keep A's I797 approval notice copy with you without which it will be difficult to convince B to file a cap exempt petition.

This is my opinion not legal advice.

[KaranSingh]

There is not much A can do. Do make sure you keep A's I797 approval notice copy with you without which it will be difficult to convince B to file a cap exempt petition.

This is my opinion not legal advice.

Thanks a lot Raghvi