H1B Transfer

[rajender17]

Dear Sir,

I applied for H1B in 2012 thru Employer A and it was approved in 2013. But notice 221g was issued when I went to embassy for stamping and visa was refused in May 2013. A letter was sent by Embassy stating due to employer inability visa cannot be issued.

My case was sent back to USCIS and my case was revoked by USCIS in Sep 2014 stating the same reason ( employer inability). My petition was valid till Sep 2015.


Since it was refused due to employer inability can I transfer the same petition to Employer B exempting the quota cap.

Thanks
Rajender

[raghvi]

Dear Sir,

I applied for H1B in 2012 thru Employer A and it was approved in 2013. But notice 221g was issued when I went to embassy for stamping and visa was refused in May 2013. A letter was sent by Embassy stating due to employer inability visa cannot be issued.

My case was sent back to USCIS and my case was revoked by USCIS in Sep 2014 stating the same reason ( employer inability). My petition was valid till Sep 2015.


Since it was refused due to employer inability can I transfer the same petition to Employer B exempting the quota cap.

Thanks
Rajender

If petition was revoked by USCIS I dont think you can use that petition to claim cap exemption.

This is my opinion not legal advice.