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Is my H1-B Case an Exception to the Rule?

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  • Is my H1-B Case an Exception to the Rule?

    Dear ImmiHelp,

    Last summer I left my H1-B sponsor to accept a job with another employer.
    The new employer promised to apply for an H1 transfer on my behalf.
    But two days before I was to start, the employer withdrew their job offer.
    My first employer did not take me back.

    Besides returning to my home country at this point - 5 months out - do you see any other options for me to keep my H1-B?

    Thanks for your advice.


    And by the way, I'm from a state where it is legal to terminate an employee without cause (except in the case of discrimination).

    JM

  • #2
    You can always transfer the H1B to any other employer from your home country. The new employer will have to file a new H1B using the CAP from the old H1B approval notice. when that gets approved, you can attend the H1B visa interview (if you don't have a valid H1B stamped in your passport as of the date of your return) and re-enter U.S to work for the new employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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