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  • Transfer H1B petition

    Hi,

    I have a valid and approved H1B petition filed by my current organization (ABC India). This validity of the petition is from Oct 2013 to Oct 2016. My current organization has not got the visa stamped yet.

    If I quit the job with ABC India and they revoke the petition, can I still look for job opportunities in the US and get the petition transferred to the new employer (XYZ) after it has been revoked?
    Can I look for job opportunities in the US and get the petition transferred while I am still working with ABC India (even if the H1B visa is not stamped)?

    Thanks in advance.

  • #2
    I would suggest you to enter **** ** Forum to get a proffessional reply

    My wife is in somewhat similar situation where she has a stamped VISA too but her employer is unable to find a suitable opportunity. Now she has resigned and is serving Notice period and shall be travelling to US in Dec with a H4 stamp(being my dependant) while her stamped H1 would be revoked by the consular. I've consulted with experts here and their opinion is that her valid petition can be transfered to different employer and then apply another petition for COS (Change of Status) from H4 -> H1 and upon approval she is eligible to work for that employer. She need not travel back to India to get re-stamped and that is the advantage of COS.

    Hope this helps!
    Disclaimer: Don't go by my username, it suited my situation 2yrs back, now everything seems to be working fine with me.

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