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H1B Visa Revocation Issue

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  • H1B Visa Revocation Issue

    I am in India since last 6 years (2004- 2010).
    I worked in USA from 1998 - 2004 on H1B visa and returned to India for good.

    Last year i was offered a job in Company X, they got my new H1B processed, I received the papers i Oct 2009. I decided to opt out due to personal reasons and stayed back in India. I did not even get the H1B stamped on my passport.
    This company X revoked my H1B Visa.
    This year i decided to opt again for US option, Company Y offered me a Job. They applied for my H1B Visa transfer in Feb 2010. The H1B application got rejected just few days back with the reason that my H1B is not valid and so no transfer can take place.
    Company Y has withdrawn the job offer.

    I need to understand, if the H1B (I-797) i have, is valid or invalid.
    Can i use this for H1B transfer or do i need to apply for a fresh H1B, if i decide to take up a job in USA and if i get a job


  • #2
    Revoked H1B's cannot be transferred. You need to file a new H1B.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3

      Does it mean i will have to wait for the new Quota to open OR can i use the H1B quota for which i had already been allocated to get new H1B?