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H1B transfer after extension was denied

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  • H1B transfer after extension was denied

    Hi All, I had an H1B visa for employer A and was in the US for 2.1 years. However my Visa extension got denied in Feb 2019 and I came back to India in Feb 2019.
    I switched my job in Dec 2019 and now work for employer B. I am not sure if my employer A revoked my petition after my extension was denied and I left employer A.
    My questions:
    1. Can my employer B still file for an H1B transfer on my petition which was filed by employer A if it was revoked /not revoked ?
    2. How long will my H1B be valid ? It was originally approved in Oct 2015 but I have stayed in the US only for 2.1 years.
    3. My current location is India.

  • #2
    Hi,
    Here is my response.
    1. Can my employer B still file for an H1B transfer on my petition which was filed by employer A if it was revoked /not revoked ?
    Answer: Yes. As long as you were on H1B status previously, Yes. Now they can do H1B transfer.
    2. How long will my H1B be valid ? It was originally approved in Oct 2015 but I have stayed in the US only for 2.1 years.
    Answer: You need to Answer till what date you were on H1B status when you were in the USA? With that, we can tell you. But generally, If you were on H1B status within 6 years then you can do H1B filing again.
    3. My current location is India?
    Answer: You can process H1B while you are in India. Get approved petition and get visa stamp then travel to the country.
    Thanks

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