H1 Transfer When H1B is Revoked

[chan17]

Hi Admin,

I have a query with my H1B status, I was working with an Indian service based company and worked in USA for 2 years and came back to India with Visa expired but I was on H1B extension at that time. After extension, my H1B has the validity till Nov 2015, I came back to India and resigned to the company for which they have "revoked" my H1B.

I have few Queries related to this

1) As currently I am in India and my H1B is revoked ( but H1B extension is till Nov 2015) , can I apply for the Job in USA and do just the H1B transfer to the new employer ?

2) Due to some commitments I am not ready to move to USA till beginning of 2016, in that case will my H1B is still valid ( as my extension documents are till November 2015) to do the transfer to new employer ?

3) As per my understanding I may not fall in the H1B cap (65k ) in both cases i.e case 1 and case 2 mentioned above.

Kindly provide the Info ASAP.

Thanks,
Chan

[raghvi]

Hi Admin,

I have a query with my H1B status, I was working with an Indian service based company and worked in USA for 2 years and came back to India with Visa expired but I was on H1B extension at that time. After extension, my H1B has the validity till Nov 2015, I came back to India and resigned to the company for which they have "revoked" my H1B.

I have few Queries related to this

1) As currently I am in India and my H1B is revoked ( but H1B extension is till Nov 2015) , can I apply for the Job in USA and do just the H1B transfer to the new employer ?

2) Due to some commitments I am not ready to move to USA till beginning of 2016, in that case will my H1B is still valid ( as my extension documents are till November 2015) to do the transfer to new employer ?

3) As per my understanding I may not fall in the H1B cap (65k ) in both cases i.e case 1 and case 2 mentioned above.

Kindly provide the Info ASAP.

Thanks,
Chan

What was your last date in US on H1? Do you have the approval notice(s) of H1 and extension?
1. Yes it is possible.
2. Visa, petition are two different things. Though your visa might expire, as long as an employer's petition is valid you can use it to file a new visa. Further, even if A's petition is expired/revoked by A, another employer B can use the expired petition and file a new cap exempt petition (if 6 Years are not spent on the original petition).
3. Read above. If you have time remaining , and have been in US on H1 in last 6 Years , you could be cap exempt.

This is my opinion not legal advice.