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H1B petition revoked, never traveled to US,can i transfer H1 under cap exempt

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  • H1B petition revoked, never traveled to US,can i transfer H1 under cap exempt

    I'm Amit Gujargoud writing from New delhi. My H1B petition number was was approved in 2013. Visa was also stamped in 2013 october.
    Due to some personal reason I did not travel to states, After an year 2014 october, My petitioner requested to revoke the petition to USCIS.

    I've never traveled to united states, My current employer has confirmed role for me and they would like to transfer my petition to them.

    As I already gone through under cap once, so I would like to know if my H1B petition(which was revoked) can transfer to other employer under cap exempt?

    If transfer is possible, until when (my petition was approved in 2013) I have time to transfer my H1B?

    Thank you for your time reading it. Looking for to your answer.

    Amit

  • #2
    Originally posted by Amit Gujargoud View Post
    I'm Amit Gujargoud writing from New delhi. My H1B petition number was was approved in 2013. Visa was also stamped in 2013 october.
    Due to some personal reason I did not travel to states, After an year 2014 october, My petitioner requested to revoke the petition to USCIS.

    I've never traveled to united states, My current employer has confirmed role for me and they would like to transfer my petition to them.

    As I already gone through under cap once, so I would like to know if my H1B petition(which was revoked) can transfer to other employer under cap exempt?

    If transfer is possible, until when (my petition was approved in 2013) I have time to transfer my H1B?

    Thank you for your time reading it. Looking for to your answer.

    Amit
    You would be cap exempt till 2019.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You would be cap exempt till 2019.

      This is my opinion not legal advice.
      THANKS Ragvi, so revoke petition does not stop tranferring petition to new employer? Can you pls confirm this?

      Comment


      • #4
        Originally posted by Amit Gujargoud View Post
        THANKS Ragvi, so revoke petition does not stop tranferring petition to new employer? Can you pls confirm this?
        Revoking petition by employer does not take away the fact that you are cap counted. I do hope you have copy of approval notice with you.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Revoking petition by employer does not take away the fact that you are cap counted. I do hope you have copy of approval notice with you.

          This is my opinion not legal advice.
          Hello Raghvi, Many thanks for your responce.

          Yes, I do have Approval copy of I-797 . I also had VISA stamped which was valid from nov 2013 to Nov 2014 , final two quesitons ->

          1) once my Petition is transffered , I do need to go for VISA stamp again?
          2) Generaly how long it does take to transfer the petetion? is there any specific timelines(specific dates/months) for Petition transfer?

          Thanks ahead

          Comment

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