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H1B transfer **** Please help urgent ****

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  • H1B transfer **** Please help urgent ****

    My employer give me 15 days notice period and will terminate me on 03/31/09. also they will cancel my H1B in MAY second week.

    Now in such bad market no company is ready to tranfer my H1B and its very difficult to find new job in this market.

    1) Please let me know can I transfer my H1B after MAY (After my employer send revoke my H1B).

    2) If I go back to India ,is there is any way to come back again on the same H1B. I have H1B stamping till sept 2010.

    3) Again Do I need to file new H1B or can I transfer the same H1B , If in case new H1B then that is CAP exempted or not ?

  • #2
    1. You have to file for transfer before they revoke it.
    2. No, not if it was already revoked.
    3. New and under cap, since it was revoked and does not exist anymore. This is my understanding. Wait for more answers on this.

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    • #3
      1. H1b transfer has to be filed before your last paycheck stops. As per the book, you are out of status the day your emloyment ceases to exist.
      2. Read the FAQs. You can come on H1b if you have a sponsor and an approved I797 from them.
      3. Read the FAQs.

      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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      • #4
        Originally posted by manishapps
        My employer give me 15 days notice period and will terminate me on 03/31/09. also they will cancel my H1B in MAY second week.

        Now in such bad market no company is ready to tranfer my H1B and its very difficult to find new job in this market.

        1) Please let me know can I transfer my H1B after MAY (After my employer send revoke my H1B).

        2) If I go back to India ,is there is any way to come back again on the same H1B. I have H1B stamping till sept 2010.

        3) Again Do I need to file new H1B or can I transfer the same H1B , If in case new H1B then that is CAP exempted or not ?
        -- as per my knowledge you have to apply asap for transfer , you can start work with new employer as you get reciept but problem is you have to apply ASAP.
        -- No, POE will not allowed you to enter back into USA once your H1B is revoked.

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