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  • H1B Transfer from Abroad(India)

    Thanks in Advance!

    I have approved H1B petition(I-797B) but US visa neither stamped nor I have traveled to US from India. Now a new employer is ready to transfer my H1B.
    My questions are as follows:
    1. Can we still use approved H1B for transferring to a new employer?
    2. What if my current employer revokes my H1B?
    3. In Worst case after revoke, Can new employer still be able to transfer my H1B from India?



  • #2
    Hi Member,
    Here is my response on your question.
    1. Can we still use approved H1B for transferring to a new employer?
    Answer: Yes. New Employer can transfer your H1B with the help of previously approved H1B petition.
    2. What if my current employer revokes my H1B?
    Answer: You can still file new H1B petition under CAP exempt.
    3. In Worst case after revoke, Can new employer still be able to transfer my H1B from India?
    Answer: Yes. New Employer can file new H1B petition behalf of you and it will come under CAP exempt.
    Thanks

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