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H1B transfer after original H1B petion cancelled

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  • H1B transfer after original H1B petion cancelled

    Hi, I have worked in new York from Feb 2006 to Feb 2008 on H1B, which was valid till Sep 2008. Due to some personal reason I had to come back to India. Now I am working in India and my current company wants to transfer my h1b visa ..but now I came to know that my previous company has revoked my h1b by sending letter to USCIS ( former company’s HR dept informed me) . but uscis website just show that pettion approved in sep 2005.

    Just want know that
    1) Can my current company eligible transfer my H1B even after its revocation?
    2) Whether my current company can use old petition and get new H1b on its basis, if yes what is the procedure?
    3) Whether my company has to file new H1b petition for me and if yes whether I have to go through cap (quota system) again?

    Thanks in advance

    Hardik

  • #2
    Search for the word 'remainder' on the forum. H1b revoke by the employer does not restrict your ability to get back on H1b status if you are outside the US except when that is invoked by the consulate.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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