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  • Need Suggestion on H1b transfer after it revoked

    Good Day All,

    I need some information on my H1b visa and here is the complete story:

    1. While working with Company A, i was offered for a H1b visa from company B and i got it stamped as well but never joined company B due to some salary issue.
    2. Went to US on L1b (Company A) for an year and came back to India.
    3. Found another Company C which was ready to transfer the visa and they started the process which went to Admin Processing. Submitted all the requested documents but while it was in admin processing the company C revoked the petition.

    Additional Info:
    1. H1b visa which was stamped through company A is still valid till Sep 2017.
    2. My L1b was stamped in 2014 and H1b in 2016.
    3. Went to US on L1b after my h1b got stamped.

    Now i have the following queries:
    1. Am i still cap exempted ? Is it possible to tranfer the h1b Visa ?
    2. In case i find another company for h1b transfer,do i need to give them Company A petition or Company C petition or Both.
    3. Would the transfer take place from Company B (Visa stamped) to new company OR Company C (revoked petition) to new company ?

  • #2
    Originally posted by TheLegend84 View Post
    Good Day All,

    I need some information on my H1b visa and here is the complete story:

    1. While working with Company A, i was offered for a H1b visa from company B and i got it stamped as well but never joined company B due to some salary issue.
    2. Went to US on L1b (Company A) for an year and came back to India.
    3. Found another Company C which was ready to transfer the visa and they started the process which went to Admin Processing. Submitted all the requested documents but while it was in admin processing the company C revoked the petition.

    Additional Info:
    1. H1b visa which was stamped through company A is still valid till Sep 2017.
    2. My L1b was stamped in 2014 and H1b in 2016.
    3. Went to US on L1b after my h1b got stamped.

    Now i have the following queries:
    1. Am i still cap exempted ? Is it possible to tranfer the h1b Visa ?
    2. In case i find another company for h1b transfer,do i need to give them Company A petition or Company C petition or Both.
    3. Would the transfer take place from Company B (Visa stamped) to new company OR Company C (revoked petition) to new company ?

    Some clarifications : in 1. you mention "H1b visa from company B" but in additional info 1 you say "H1b visa which was stamped through company A" which one is correct?
    You also say in 3 " Company C which was ready to transfer the visa and they started the process" but then go on to say"company C revoked the petition" if it was never approved how can they revoke it?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Some clarifications : in 1. you mention "H1b visa from company B" but in additional info 1 you say "H1b visa which was stamped through company A" which one is correct?
      You also say in 3 " Company C which was ready to transfer the visa and they started the process" but then go on to say"company C revoked the petition" if it was never approved how can they revoke it?

      This is my opinion not legal advice.
      Sorry My Bad !!! H1b is from Company B only which i never joined.
      About Company C, i got the approved petition i.e. I797 and went for the Visa stamping. They held my application under 221g (Admin processing) and also submitted the passport. BUt after 60 days or so i received a letter from embassy that we could not process your application as the petitioner has revoked the application.

      Comment


      • #4
        Originally posted by TheLegend84 View Post
        Good Day All,

        I need some information on my H1b visa and here is the complete story:

        1. While working with Company A, i was offered for a H1b visa from company B and i got it stamped as well but never joined company B due to some salary issue.
        2. Went to US on L1b (Company A) for an year and came back to India.
        3. Found another Company C which was ready to transfer the visa and they started the process which went to Admin Processing. Submitted all the requested documents but while it was in admin processing the company C revoked the petition.

        Additional Info:
        1. H1b visa which was stamped through company A is still valid till Sep 2017.
        2. My L1b was stamped in 2014 and H1b in 2016.
        3. Went to US on L1b after my h1b got stamped.

        Now i have the following queries:
        1. Am i still cap exempted ? Is it possible to tranfer the h1b Visa ?
        2. In case i find another company for h1b transfer,do i need to give them Company A petition or Company C petition or Both.
        3. Would the transfer take place from Company B (Visa stamped) to new company OR Company C (revoked petition) to new company ?

        1. Yes, you are cap exempt.
        2. B's petition as thats the only approved petition you have. Keep C's petition for future references.
        3. Technically "H1 transfer" is not a correct term, each employer needs to get their own petition approved, visa is independent of the employer. Just because's B's name is there on the visa, it does not mean it belongs to B.

        This is my opinion not legal advice.

        Comment

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