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  • H1B revoked and transfer

    My employer (company X) terminated me on 05/02/2016 and mostly they have notified USCIS by 05/13/2016. I am planning to go back to India on 05/27/2016 (need some time to wrap up everything).

    I have a offer from a BIG MNC (company A) but getting the joining in India. They said I would need travel to USA in between Sep to Nov 2016 (date is not finalized yet).

    Now, as my last employer (X) has already notified USCIS. So what does it means? Does USCIS going to revoke my H1B permanently?

    Can new employer (A) would be able to process H1B in Cap exempt category in Sep’16 with reference to my current H1B petition?

    OR do they need to apply for a new fresh H1B in normal category of 65000 + 20000 cap quota as last employer notified USCIS about termination?

    My VISA stamping on passport is valid till July 2017. If new employer can still transfer my H1B in cap exempt category then can I use my current VISA stamping to come back?

    Please let me know if I am missing anything. Appreciate your help. Thanks.

  • #2
    Originally posted by jiyajain View Post
    My employer (company X) terminated me on 05/02/2016 and mostly they have notified USCIS by 05/13/2016. I am planning to go back to India on 05/27/2016 (need some time to wrap up everything).

    I have a offer from a BIG MNC (company A) but getting the joining in India. They said I would need travel to USA in between Sep to Nov 2016 (date is not finalized yet).

    Now, as my last employer (X) has already notified USCIS. So what does it means? Does USCIS going to revoke my H1B permanently?

    Can new employer (A) would be able to process H1B in Cap exempt category in Sep’16 with reference to my current H1B petition?

    OR do they need to apply for a new fresh H1B in normal category of 65000 + 20000 cap quota as last employer notified USCIS about termination?

    My VISA stamping on passport is valid till July 2017. If new employer can still transfer my H1B in cap exempt category then can I use my current VISA stamping to come back?

    Please let me know if I am missing anything. Appreciate your help. Thanks.
    New employer can use your old receipt number to file a cap exempt petition even if old employer revokes the petition. You may travel with Old visa stamp but you have to carry the new I797 approval of notice.
    This is just my opinion, not a legal advice.

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