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RFE is no cleared in H1B transfer. Is my H1B still valid?

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  • RFE is no cleared in H1B transfer. Is my H1B still valid?

    I requested for H1B transfer and joined the new company on receipt number. However later I received RFE and RFE was not cleared as result my status has become invalid. The new company is asking me to go back and they will call me back again in a month. Out of below 3 scenarios which is a valid one

    I have loosed my H1B completely. I have to apply it fresh next year and it will again go all the process of lottery.
    My H1B visa is valid but I need to apply again under CAP exemptions
    My visa is very much valid and I can go back to home country and return back without any issues as the new employer is saying.

  • #2
    I have loosed my H1B completely. I have to apply it fresh next year and it will again go all the process of lottery.
    >>> Your H1b CAP is not lost. Just the petition filed by your new employer is denied. Any new employer can file a new H1B petition for you using the CAP that you have already secured.

    My H1B visa is valid but I need to apply again under CAP exemptions
    >>> Visa in the passport is applied based on a valid H1B petition. It has nothing to do with CAP exemption.

    My visa is very much valid and I can go back to home country and return back without any issues as the new employer is saying.
    >>> Yes, you can use any valid H1B visa to return back provided the new employer's petition gets approved.
    Not a legal advice. Use of this information is strictly at your own risk.

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