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Guys Need Help Please - H1B revoked and case is pending in USCIS- Transfer or New

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  • Guys Need Help Please - H1B revoked and case is pending in USCIS- Transfer or New

    Guys really need your inputs here, Please help me out.

    I was in the US and was let go in Oct 2015 with no notice and I am presently in India with an MNC.

    Q1) I have an H1b approval notice (I-797) valid till August 2017 with my previous employer.
    This was filed and approved from October 1 2014. I was on opt STEM
    extension prior to that. All my admittance to the USA have been on F-1
    visa and I do not have an H-1b stamp in my passport . My H1b was sent
    for revocation by my previous employer on November 2015 and the case
    is pending with USCIS.

    Can my new employer still file for an H1 transfer or does it have to
    be a new petition? If it is a new petition would it be cap exempt or
    would it have to be fresh petition ?

    Q2) If the visa is revoked, would I still be able to transfer it or
    would it have to be a new petition (cap exempt or not )?

    Regards
    Vito

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