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  • H1B Expired --> Transfer

    This is my situation :

    1) My H1B is expired on Apr 2016. My employer(A) has applied for normal extension process on Jan 2016. It is still in progress
    2) I have come back to India
    3) I have got another opportunity in another company(B). I am planning to switch the company.


    My questions here

    1) In my new B company(India), Can I go for new extension process?
    2) What if my petition gets RFE when I join company B?
    3) Is there any chance that My employer (A) can cancel my H1B VIsa?


    Could you please help me on this?

  • #2
    Originally posted by Rahu View Post
    This is my situation :

    1) My H1B is expired on Apr 2016. My employer(A) has applied for normal extension process on Jan 2016. It is still in progress
    2) I have come back to India
    3) I have got another opportunity in another company(B). I am planning to switch the company.


    My questions here

    1) In my new B company(India), Can I go for new extension process?
    2) What if my petition gets RFE when I join company B?
    3) Is there any chance that My employer (A) can cancel my H1B VIsa?


    Could you please help me on this?
    Visa Stamp in passport is not same as I797.

    What you need to provide B is your A' approval notice (I797). What B will do is file a cap exempt petition using this approval notice. They would first file an LCA base don the location of your employment in US. Once B's petition is approved they would get a new I797. Using B's I797 you would need to schedule the interview and go for fresh H1 stamping.

    All this while, it does not matter if A revokes their own petition or not. As for visa, it can only be cancelled by the visa officers, employer cannot cancel it.

    This is my opinion not legal advice.
    Last edited by raghvi; 05-10-2016, 08:58 PM.

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    • #3
      Thanks Ragvi for your help. A approval notice means my previous "I797"?

      Comment


      • #4
        Originally posted by Rahu View Post
        Thanks Ragvi for your help. A approval notice means my previous "I797"?
        Yes.

        This is my opinion not legal advice.

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