Denial on Transfer of H1B never stamped

[swaroop203]

Hi,

My wife had an approved petition from a company A when she was working in India. She never went for stamping. She resigned and moved to USA on H4 visa. Company A revoked her H1B.

Now company B is ready to transfer her visa. I have two questions about the same.

1. Her approved h1b petition got revoked. is she eligible for an cap exempt h1b transfer if she has the cognizant petition document.
2. If Company B applies for an H1B transfer using the old h1b documents and if it gets denied. Does this mean H1B is denied completely or she can find another employer C and apply for H1B transfer again.

[raghvi]

Hi,

My wife had an approved petition from a company A when she was working in India. She never went for stamping. She resigned and moved to USA on H4 visa. Company A revoked her H1B.

Now company B is ready to transfer her visa. I have two questions about the same.

1. Her approved h1b petition got revoked. is she eligible for an cap exempt h1b transfer if she has the cognizant petition document.
2. If Company B applies for an H1B transfer using the old h1b documents and if it gets denied. Does this mean H1B is denied completely or she can find another employer C and apply for H1B transfer again.

You have not mentioned any dates. When was petition approved, when was it revoked?

[swaroop203]

Her H1B was approved on August 2016. She resigned Company A and traveled to USA on April 2017. Petition was revoked on September 2017.

[raghvi]

Her H1B was approved on August 2016. She resigned Company A and traveled to USA on April 2017. Petition was revoked on September 2017.

If she has a copy of the approval notice, she can provide that to the next employer willing to sponsor her and they can use this petition copy to file a cap exempt petition.

As for denial, if that happens, it can be because of various reasons, one has to look into the reason of it before deciding.

This is my opinion not legal advice.