h1b_select Posted May 20, 2017 Report Share Posted May 20, 2017 Hi All, I am in a unique position or not that you all have to decide. I am stating my case here. I have approved and stamped VISA valid till October-2019, which was filed by my current company A.Now company A is not willing to send me on assignment. I have another company B willing to transfer my VISA. I have never been in USA on H1B status. I am planning to leave company A and join company B in India itself. I am worried about revocation/withdrawal of VISA from company A. My questions are as below:1. What is the difference between revocation and withdrawal from company A perspective? 2. If company A revokes/withdraws the VISA and company B files for the transfer, will I be counted in CAP or I will be CAP-EXEMPT? 3. Should I transfer VISA to company B before revocation/withdrawal or after? Is "after" even possible? Please help me with these scenarios if you have been through this situation. I would also like to have suggestions based on this scenarios. Thanks Link to comment
pontevecchio Posted May 20, 2017 Report Share Posted May 20, 2017 Please do not use the word visa instead of petition. The rules have been altered. But all indications from Lawyers are that if you get a visa stamp based on an approved H1 petition you are considered to be capped and can change employers. Otherwise you cannot change employers unless you first work for the initial sponsor from this year on. You would seem to have a chance. If you are interested please contact the firm of Murthy with specific details or have B involve their Immigration team first. NOTHING EVER GETS TRANSFERRED. Link to comment
h1b_select Posted May 21, 2017 Author Report Share Posted May 21, 2017 Sorry for not using the correct lingo. I really appreciate your help. This will hold true even if I left company A 6 months back(revoked) and company B files cap exempt petition today? I will still be cap exempt? Link to comment
h1b_select Posted May 23, 2017 Author Report Share Posted May 23, 2017 On 5/21/2017 at 0:19 PM, h1b_select said: Sorry for not using the correct lingo. I really appreciate your help. This will hold true even if I left company A 6 months back(revoked) and company B files cap exempt petition today? I will still be cap exempt? Any opinions on this? Link to comment
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