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  • H1B transfer to New employer

    Hi,

    I am working in USA on H1B for a company A. Company A had filed my H1B petition in March 2014 in India and got approved and stamped till Sept 30 2015 and has sent me to here(USA) in July 2015. Now I am working for client from company A and company has applied for petition extension based on SOW dated till December 2015 and got receipt number. I heard that current project will end in Dec 2015.

    My questions are:

    1. What will be petition end date once I got approved one. Will it be ending on Dec 31 because of SOW?
    2. If I change current company A in November based on receipt number, can company A write to USCIS to withdrawal of petition? Does it has rights? Will USCIS consider for withdrawal?

    Thanks,
    Mark

  • #2
    1. Yes, that is possible.
    2. Yes, A can withdraw their petition. It is their petition. They have the right. However, you will remain cap-exempt irrespective of withdrawal. Another company can file for you at any time in the next 6 years. A petition filed in November will however be approved without extension of status (I-94) if A withdraws their petition. That means you will have leave the US and return to start working for the new company.
    This is my opinion and not legal advice.

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