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  • H1b Petition Transfer

    HI ,
    I have approved H1b petition ,but due to change in project and client requirement i didn" went for stamping and didn"t joined the US employer who filled my petition .Can they revoke my current petition also is it possible another employer can use the same petition and get my visa stamped as VISA 2012 are already over .

    Thanks.

  • #2
    The petitioner can revoke the petition any time. You cannot use one employer's petition to get the visa stamped for another employer. Similarly, you cannot use one employer's petition to enter U.S to work for a different employer. However, if you have a copy of your H1B approval notice (or at least the receipt number), then any employer can file a new H1B petition using the CAP from that approval notice and request an immediate start date. Upon approval of that petitiohn, you can attend the visa interview.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi shervin,
      Thanks .So new employer can file new petition using old petition receipt number and will be considered as part of CAP under which is approved ,I mean my petition got approved for YA2012 and now quote is over for YA2012 and my employer can file new petition for YA2012 or they can only file for YA2013 .
      Thanks

      Comment


      • #4
        Since you already have an H1B approval notice, you are already CAP counted. The CAP from that petition can be used to file a new petition anytime with an immediate start date.

        Originally posted by Varin View Post
        Hi shervin,
        Thanks .So new employer can file new petition using old petition receipt number and will be considered as part of CAP under which is approved ,I mean my petition got approved for YA2012 and now quote is over for YA2012 and my employer can file new petition for YA2012 or they can only file for YA2013 .
        Thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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