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H1B Visa petition expired, can it be transferred?

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  • H1B Visa petition expired, can it be transferred?

    Hi Experts,

    Please help me.

    1. I have a H1B approved petition which has expired in dec 2015. The petition was approved on 2013.
    2. Petition was filed by employer X in india, now I am employed with employer Y in india.
    3. I have never travelled to US before.
    4. I have the soft copy of I797 with me and I am willing to travel to US ASAP.

    I have the below questions
    1. Can employer Z transfer the petition with them? and get the visa stamped?
    2. Can Employer Z hire me directly under their US payroll (I mean if I am not interested to join in india and then travel to onshore, rather if i want to directly join them on their US office with US payroll is that possible?)
    3. I came to know from friends that the petition stays valid for 6 years from approval date, is that correct? (On the petition the expiry date is 31st dec 2015)
    4. If the petition can be transferred and I travel to US approx how long it takes to get a i140?

    MANY THANKS IN ADVANCE.

    Regards,
    Som.

  • #2
    Originally posted by mr.somnathsinha View Post
    Hi Experts,

    Please help me.

    1. I have a H1B approved petition which has expired in dec 2015. The petition was approved on 2013.
    2. Petition was filed by employer X in india, now I am employed with employer Y in india.
    3. I have never travelled to US before.
    4. I have the soft copy of I797 with me and I am willing to travel to US ASAP.

    I have the below questions
    1. Can employer Z transfer the petition with them? and get the visa stamped?
    2. Can Employer Z hire me directly under their US payroll (I mean if I am not interested to join in india and then travel to onshore, rather if i want to directly join them on their US office with US payroll is that possible?)
    3. I came to know from friends that the petition stays valid for 6 years from approval date, is that correct? (On the petition the expiry date is 31st dec 2015)
    4. If the petition can be transferred and I travel to US approx how long it takes to get a i140?

    MANY THANKS IN ADVANCE.

    Regards,
    Som.
    1. Yes possible.
    2. Yes.
    3. 6 Years from initial filing year, so in your case 6 Years from 2013.
    4. 12-18 Months.

    This is my opinion not legal advice.

    Comment


    • #3
      What does Revoked means for H1B Status

      Hi Experts,

      I just find that the status for my H1B says its Revoked. Below was the status in USCIS.

      Revocation Notice Was Sent
      On August 18, 2014, we revoked the approval of your case, Receipt Number EAC13 **** ***, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by September 1, 2014, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

      Questions?
      1. What does it mean?
      2. Can it be renewed?
      3. The all below question answers from the previous discussions are valid for this status? if ot then which are not valid and which are valid?
      4. Can my new employer still file a new petition for transferring the H1B?
      5. Is it required to first join the employer to initiate the visa petition as per immigration law? Or they can file it when I am serving notice in my current organization.

      Please help me find answer for the above questions...

      Thanks,
      Som.

      Comment


      • #4
        Please reply

        Hi experts, please reply to my post, i am eagerly waiting for your response. Your responses helped me a lot in past. Thanks a lot in advance.

        Comment

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