Applying for H1 Transfer while the H1B petition was intended for revoke

[shervin143]

The attorney is right. The same employer cannot file a petition. Even if they do, the chances are that USCIS will deny it or raise an RFE. You can always go with a new employer.

Oh. thats great. But my attorney lawyer is saying that we can't. I may be misundestanding some thing there, so I just copy pasting our conversation. Please help me.


Me : I just want to know some thing regarding this. Could you please clarify? In this situation while the USCIS has to take a call on my case, in the mean while can I apply for a new CAP exempt H1B petition using it?

Reply from the attorney : Unfortunately, no. CIS won’t adjudicate any newly filed petition until the existing petition is addressed.

Does she mean that we cant file a new petition only from the same employer ? attorney was from the employer who petitioned my first petition.


Thanks.

[Sam009]

**Urgent** I797 from second employer when the case is in admin processing from first

The attorney is right. The same employer cannot file a petition. Even if they do, the chances are that USCIS will deny it or raise an RFE. You can always go with a new employer.

Hi,

I am in similar boat.

I live in Singapore for the past 6 years. Applied for H1 and got 221g in Feb 2015 from Company A. Got my petition transferred to company B and got the approval notice. But got an email from Chennai consulate like this -

Dear Mr. YYYY ,

We noticed that during your interview you indicated that you may want to withdraw your application for the H-1B visa if the administrative processing continued through February 2015. As your case is still pending, we would like to check if you still want to withdraw your application. In the alternative, you may continue to wait for the administrative processing to conclude.

Kindly respond to this e-mail stating what action you wish to take.

Thank you.

Chennai, H&L
American Consulate General

Please advise on next steps. Its urgent.

[kumar527]

The attorney is right. The same employer cannot file a petition. Even if they do, the chances are that USCIS will deny it or raise an RFE. You can always go with a new employer.

Hi Shervin and VSK,
I am in same boat. I am in india and never been to US so far. My H1B got approved last year in 2015 and and i got 221G when i went for stamping in chennai consulate.
After 5 months in April 2016 i got the same email as below that my case is forwarded to USCIS to revoke.

Can i apply for H1 transfer now before the USCIS revokes my petition ?

Any reply is very much helpful.

Thanks,
Kumar.

[hope0803]

H1B - 221g and petition is sent back to USCIS for review

Hi Friends,

I am also in the same boat. Got 221g in Oct-2015 on my fresh H1B petition and sent back to USCIS for revocation. I am planning to transfer my H1 to another employer. Could you please let me know if you were able to successfully transfer and got it stamped? Eagerly waiting for your reply.

Thanks

Hi Shervin and VSK,
I am in same boat. I am in india and never been to US so far. My H1B got approved last year in 2015 and and i got 221G when i went for stamping in chennai consulate.
After 5 months in April 2016 i got the same email as below that my case is forwarded to USCIS to revoke.

Can i apply for H1 transfer now before the USCIS revokes my petition ?

Any reply is very much helpful.

Thanks,
Kumar.