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  • H1 transfer

    Hi,
    Before 6 months I did H1 transfer from employer A to B.Meantime employer A revoked the visa.I got RFE & last week we responded for RFE.Hoping for positive response.
    #1.Incase my case with B has been rejected, can I apply for new H1 transfer from B to C (since employer A revoked the petition)?
    #2.Do I need to wait till April for applying brand new H1B & start working from October 2011? Right now I have project in hand for 6 more months.

    Thanks in advance!
    Desi Friend

  • #2
    #1.Incase my case with B has been rejected, can I apply for new H1 transfer from B to C (since employer A revoked the petition)?
    >>> If Company B's petition gets rejected, then how can you file a transfer from B to C? You need to have an approved petition from B to transfer from B to any other company.
    Even if the Company A has revoked their petition, you can file file a transfer to any other employer using the CAP from that petition provided you currently have a valid I-94 and if you haven't used all 6 years in that CAP.


    #2.Do I need to wait till April for applying brand new H1B & start working from October 2011? Right now I have project in hand for 6 more months.
    >>> It is not required since you are already CAP counted. Read the above answer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks a lot, Shervin

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