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H1B Approved then REVOKED ! Filing with new Employer, need suggestions plz.

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  • H1B Approved then REVOKED ! Filing with new Employer, need suggestions plz.

    Hello Everyone,

    My H1B was approved for this period 2014-2017, I appeared for stamping in Feb, 2015 in London, UK, and then they Revoked my application after couple of months of processing.
    Now I'm back to India and wanted to transfer that H1B to another company and appear for stamping in Hyderabad, India.

    1. How much would the new company charge for processing my application ?
    2. How good are the chances of getting my Visa Approved this time (considering going with a good employer/petitioner this time) ?
    3. After transferring h1b to new employer, what is the best time (any particular time) to appear for stamping ?

    anyone sailing in the same boat can reach me @0091-81212 82211

    Please help me with the above questions, any help is appreciated.
    Thanks in advance !

  • #2
    1. How much would the new company charge for processing my application ?
    >>> They should not charge you anything. It is illegal to ask the employee to pay for H1B processing.

    2. How good are the chances of getting my Visa Approved this time (considering going with a good employer/petitioner this time) ?
    >>> Predictions cannot be made. It all depends on the documents that you and your employer submits. If it is a direct employment rather than a consulting job, the chances are high.

    3. After transferring h1b to new employer, what is the best time (any particular time) to appear for stamping ?
    >>> Anytime after the petition gets approved and before it expires.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      possible outcomes for the following actions ?

      Thanks a ton Shervin !!

      As I had H1B approved already, few of my friends suggested me to enter US either on B1 or Visit visa and then convert to H1B.
      What are the possible outcomes in doing so ? could you please help me with this ...

      Comment


      • #4
        B1/B2 is for specific purpose. It is not for entering U.S in search of jobs or for giving job interview. That is completely against the B1/B2 regulation. Violating the visa regulation when caught can have serious consequences. Also, when you enter U.S in B1/B2 and try to file a COS to H1B, the chances of that COS getting approved is very less as USCIS will suspect that you intentionally entered U.S to look for a job. Even if USCIS approves the COS, when you attend the visa interview in the future, the consulate can question you about the same.

        But, while you are in U.S in B1, any employer can file a H1B petition for you as a consular process (without COS - change of status). In order to work for that employer, you need to get the H1B visa stamped based on the approved petition and enter U.S using that H1B visa. An employer can also file a petition for you when you are outside U.S.

        Originally posted by akpedamallu View Post
        Thanks a ton Shervin !!

        As I had H1B approved already, few of my friends suggested me to enter US either on B1 or Visit visa and then convert to H1B.
        What are the possible outcomes in doing so ? could you please help me with this ...
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          1. How much would the new company charge for processing my application ?
          >>> They should not charge you anything. It is illegal to ask the employee to pay for H1B processing.

          2. How good are the chances of getting my Visa Approved this time (considering going with a good employer/petitioner this time) ?
          >>> Predictions cannot be made. It all depends on the documents that you and your employer submits. If it is a direct employment rather than a consulting job, the chances are high.

          3. After transferring h1b to new employer, what is the best time (any particular time) to appear for stamping ?
          >>> Anytime after the petition gets approved and before it expires.
          So a revoked / cancelled H1 B petition can be transferred to a new Employer ??? How can it be done ??
          I am in the same situation so could give me more info on this
          Last edited by gunasrikanth1602; 11-13-2015, 12:04 AM.

          Comment


          • #6
            Technically there is no such thing as *transfer*. Every petition that you file with USCIS is either a brand new petition (that is subjected to a new CAP aka quota) or a new petition under an existing CAP (if you already have an approved H1B petition with the last 6 year, which is otherwise called as transfer). Your previous petition doesn't need to be active to file the transfer. The CAP from the previous petition should be active. CAP will be active for 6 years from its approval.

            Originally posted by gunasrikanth1602 View Post
            So a revoked / cancelled H1 B petition can be transferred to a new Employer ??? How can it be done ??
            I am in the same situation so could give me more info on this
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              CAP will be active for 6 years from its approval.
              thanks once again Shivam for helping us, much appreciated !
              but when you said "CAP will be active for 6 years from its approval" I dint understand it clearly, could you please explain a bit more in detail.

              My H1B is valid from 2014 Aug - 2017 Aug So, you mean, I can still transfer to another employer and attend stamping directly anytime on or before 2020 (2014+6yrs) ??
              Correct me if I'm wrong.

              and also how much money approx I should shell out to finish this TRANSFER thing and pay to my new employer ?

              Comment


              • #8
                COS from L1-B to H1-B

                Originally posted by shervin143 View Post
                Technically there is no such thing as *transfer*. Every petition that you file with USCIS is either a brand new petition (that is subjected to a new CAP aka quota) or a new petition under an existing CAP (if you already have an approved H1B petition with the last 6 year, which is otherwise called as transfer). Your previous petition doesn't need to be active to file the transfer. The CAP from the previous petition should be active. CAP will be active for 6 years from its approval.
                Thanks for answering the question.

                Here is my case -
                I am on L1-B for Company A and got a H1-B (Consular Process) approved petition from a different company (Company B). I expected to join Company B but it never happened. Company B has filed a cancel / revoke request to USCIS.
                Now Company A is filing a request to do a COS from L1-B to H1-B using the approved petition.
                1. Since I never maintained H1-B Status in US ...Do I fall under the CAP or quota
                2. Would this COS be approved / declined since my Company B has revoked / cancelled the Petition ???

                Comment


                • #9
                  That depends on when the petition was was filed and when it was withdrawn.

                  Originally posted by gunasrikanth1602 View Post
                  Thanks for answering the question.

                  Here is my case -
                  I am on L1-B for Company A and got a H1-B (Consular Process) approved petition from a different company (Company B). I expected to join Company B but it never happened. Company B has filed a cancel / revoke request to USCIS.
                  Now Company A is filing a request to do a COS from L1-B to H1-B using the approved petition.
                  1. Since I never maintained H1-B Status in US ...Do I fall under the CAP or quota
                  2. Would this COS be approved / declined since my Company B has revoked / cancelled the Petition ???
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment


                  • #10
                    Originally posted by shervin143 View Post
                    That depends on when the petition was was filed and when it was withdrawn.
                    The Petition was filed last year and was approved effective for 10/1/2014. I never utilized H1-B and kept continuing with current Employer on L1-B. Request was submitted to withdraw the petition from the Employer who filed my H1-B on Sep 28 2015 and is still currently under processing. Meanwhile my existing Employer for whom I am working on L1-B has raised a COS non-cap exempt L1-B to H1-B using the approved petition that I have under premium processing.

                    So would it be approved ???

                    Comment


                    • #11
                      Hard to say. If a H1B petition that is filed under a brand new CAP is withdrawn or revoked before the H1B effective date (Oct 1st), then the CAP on that H1B petition is never secured. Since your H1B sponsor sent the withdrawal notice on Sept 28th, technically USCIS should consider the petition to be revoked before Oct 1st even if they acted on it later. So it all depends on how your case history shows up in USCIS's internal system. If the petition shows as if it was withdrawn after Oct 1st, a transfer is possible. If it is before Oct 1st, then you actually did not secure the CAP and so the transfer is not possible.

                      Originally posted by gunasrikanth1602 View Post
                      The Petition was filed last year and was approved effective for 10/1/2014. I never utilized H1-B and kept continuing with current Employer on L1-B. Request was submitted to withdraw the petition from the Employer who filed my H1-B on Sep 28 2015 and is still currently under processing. Meanwhile my existing Employer for whom I am working on L1-B has raised a COS non-cap exempt L1-B to H1-B using the approved petition that I have under premium processing.

                      So would it be approved ???
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        Originally posted by shervin143 View Post
                        Hard to say. If a H1B petition that is filed under a brand new CAP is withdrawn or revoked before the H1B effective date (Oct 1st), then the CAP on that H1B petition is never secured. Since your H1B sponsor sent the withdrawal notice on Sept 28th, technically USCIS should consider the petition to be revoked before Oct 1st even if they acted on it later. So it all depends on how your case history shows up in USCIS's internal system. If the petition shows as if it was withdrawn after Oct 1st, a transfer is possible. If it is before Oct 1st, then you actually did not secure the CAP and so the transfer is not possible.
                        Thanks for the reply
                        It was withdrawn on Sep 28 2015 not 2014...

                        Comment


                        • #13
                          Originally posted by akpedamallu View Post
                          thanks once again Shervin for helping us, much appreciated !
                          but when you said "CAP will be active for 6 years from its approval" I dint understand it clearly, could you please explain a bit more in detail.

                          My H1B is valid from 2014 Aug - 2017 Aug So, you mean, I can still transfer to another employer and attend stamping directly anytime on or before 2020 (2014+6yrs) ??
                          Correct me if I'm wrong.

                          and also how much money approx I should shell out to finish this TRANSFER thing and pay to my new employer ?
                          Could you please explain this Shervin ?

                          Comment


                          • #14
                            My H1B is valid from 2014 Aug - 2017 Aug So, you mean, I can still transfer to another employer and attend stamping directly anytime on or before 2020 (2014+6yrs) ??
                            >>> That is correct.

                            and also how much money approx I should shell out to finish this TRANSFER thing and pay to my new employer ?
                            >>> $0. It is illegal to pay for H1B. Employer should take care of all fees associated with H1B processing. Employee is allowed to pay the premium processing fee.
                            Not a legal advice. Use of this information is strictly at your own risk.

                            Comment


                            • #15
                              Originally posted by shervin143 View Post
                              My H1B is valid from 2014 Aug - 2017 Aug So, you mean, I can still transfer to another employer and attend stamping directly anytime on or before 2020 (2014+6yrs) ??
                              >>> That is correct.

                              and also how much money approx I should shell out to finish this TRANSFER thing and pay to my new employer ?
                              >>> $0. It is illegal to pay for H1B. Employer should take care of all fees associated with H1B processing. Employee is allowed to pay the premium processing fee.
                              thank you so much.

                              As my H1B filed by 'employer A' got revoked now if I transfer my h1b to 'employer B' and appear stamping, does this History (revoke thing) hamper my chances of getting stamped ?
                              Few suggested me to file a new H1B petition,
                              I'm in a dilemma, please suggest me Shervin ...

                              Comment

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