Can a revoked, withdrawn or cancelled h1-b be transferred?

[rockyh095]

Hello, I am on f1-opt status now working in company A and I was selected in the h1-b lottery this year April for a new company B. But now I do not want to join the new company B on Oct 1st this year. And company A does not want to transfer it as well. So can I ask company B to revoke, cancel, withdrew my h1-b application and after that ask some new company C in the future to transfer that h1-b application to work at company C without having to face the lottery again next year? 

[satya2k1]

HI rocky,

People have a false notion that H1 is transferable, but it is not transferable.  H1 is employer specific and it cannot be transferred from one employer to another employer.  when you go to company C , they have to apply for your fresh H1 again.  if you have not worked for company B, then that means you were never on H1 with company B, even though you have H1 approval for company B.  

To avoid any issues in future, it is better to work for company B till you get atleast 3 pay checks, then ask company C to apply for your H1.  Then your h1 for company C will be cap-exempt. 

[JoeF]

Unless you start working for company B on the H1, there is nothing to "transfer". A transfer is just a cap-exempt H1 petition once you have been counted in the quota. Unless you start working for company B on the H1, you are not considered counted in the quota, which means an H1 transfer wouldn't be possible.

 

[rockyh095]

I studied in a very reputed college. If I work for company B my career will be damaged in an irreparable way. So I am planning to revoke the h1 and continue on opt in company C and then ask company C to apply h1. I hope it will not enter the lottery again. Will I face any issues with this plan?

[pontevecchio]

Discuss solutions with a lawyer. Go and get your H1 visa stamp as per his guidance. Join the company and reign in a couple of months.

Your problem is your SEVIS may be automatically terminated from October,1 and you will be left high and dry.

How is it you think so lowly of that company and yet you had them sponsor you for the H1.

[JoeF]

7 hours ago, rockyh095 said:

I studied in a very reputed college. If I work for company B my career will be damaged in an irreparable way. So I am planning to revoke the h1 and continue on opt in company C and then ask company C to apply h1. I hope it will not enter the lottery again. Will I face any issues with this plan?

So, why did you go with company B for the H1 then? If you took a gamble, hold up your end of the stick.. Or, said another way, you made your bed, no lie in it.

People from reputed universities usually can get job offers from real companies (unless they barely graduated.)

Company C could apply in next year's quota.

 

[rockyh095]

On 7/19/2017 at 7:39 PM, JoeF said:

So, why did you go with company B for the H1 then? If you took a gamble, hold up your end of the stick.. Or, said another way, you made your bed, no lie in it.

People from reputed universities usually can get job offers from real companies (unless they barely graduated.)

Company C could apply in next year's quota.

 

Are you an attorney or a desi consultancy manager?

[rockyh095]

On 7/19/2017 at 2:10 PM, pontevecchio said:

Discuss solutions with a lawyer. Go and get your H1 visa stamp as per his guidance. Join the company and reign in a couple of months.

Your problem is your SEVIS may be automatically terminated from October,1 and you will be left high and dry.

How is it you think so lowly of that company and yet you had them sponsor you for the H1.

Because all these lowly companies are filing multiple h1s for their candidates and making things harder for students who studied in reputed colleges and work in reputed companies. reputed companies dont do like these. Phd holders are suffering.

[JoeF]

1 hour ago, rockyh095 said:

Are you an attorney or a desi consultancy manager?

Huh? Neither. I am an immigrant. From Europe, btw. People who have read my posts over the years know that...

 

[JoeF]

1 hour ago, rockyh095 said:

Because all these lowly companies are filing multiple h1s for their candidates and making things harder for students who studied in reputed colleges and work in reputed companies. reputed companies dont do like these. Phd holders are suffering.

Again, why, if you knew all that, did you sign up with such a company? You still haven't answered that. Instead, you go off on irrelevant tangents.

And since you are talking about "Phd holders", signing up with a shady company shows that you are not PhD material.

[rockyh095]

13 hours ago, JoeF said:

Again, why, if you knew all that, did you sign up with such a company? You still haven't answered that. Instead, you go off on irrelevant tangents.

And since you are talking about "Phd holders", signing up with a shady company shows that you are not PhD material.

I had to go because this was my final chance at the lottery, and as I predicted, my current company was not selected, but the one I applied with a lowly company got selected. Now makes sense for you? How lowly companies are affecting students who do work in reputed companies? Shall I go back to my country even though I am way better than all those fake experienced candidates in the lowly companies who file multiple h1s and take all the slots leaving very little room for students who studied in reputed colleges? I know many people who are suffering like this. The day i celebrate is the day when all these lowly companies are caught by department of labor for all their violations. 

[JoeF]

On 8/14/2017 at 8:22 AM, rockyh095 said:

I had to go because this was my final chance at the lottery, and as I predicted, my current company was not selected, but the one I applied with a lowly company got selected. Now makes sense for you? How lowly companies are affecting students who do work in reputed companies? Shall I go back to my country even though I am way better than all those fake experienced candidates in the lowly companies who file multiple h1s and take all the slots leaving very little room for students who studied in reputed colleges? I know many people who are suffering like this. The day i celebrate is the day when all these lowly companies are caught by department of labor for all their violations. 

What is wrong with going back to your country and have a career there?

If you are as good as you claim, you should not have problems with that.

But you just have an attitude, and that shows that you aren't any better than the people you slam. If you actually know of fake stuff, file a complaint with DOL. If not, you are more fake than the people you slam.

Smart people don't have such attitudes. Smart people can make it everywhere, and aren't desperate to file an H1 with some fraud consulting company. You going with some fraud consulting company shows that you aren't any better than the people you oh-so-despise. Your outrage is fake, because you do the same thing the "fake" applicants do. If you want to take a moral stand, don't do what they do. Until then, you are just as fake as them.

 

[rockyh095]

I cannot go back to my country because they have not blocked Google, Facebook, Youtube, and Amazon yet like Chinese did. If they had done it already I wouldn't stay a single second in this country. Because I could have worked on Google level projects staying in my country.

I stay her for I love what I work on here. Not because I love these rules or people like you who support lowly companies and their deeds.  

Btw, stop misguiding people here on this forum. It just shows what kind of lowly guy you are.

I contacted an attorney and they told me I don't have to work for the lowly company a single day and get my h1 transferred to any other company I like. How could you say I was doing something wrong if I am doing something allowed by law and how could you defend all the lowly companies who are faking resumes of their candidates and corrupting the whole foreign labor market system here. How much money did you make faking resumes my friend? 

As soon as I get my h1, the only thing I will do in my free time is report as many lowly companies as possible to DOL.

I hope my efforts will touch you soon. I am done with this thread.

[JoeF]

Ahh, more of your attitude showing. And some rather non-sensical sentences. You only want to go back to your country if your country blocks US Internet companies??? Geez, you have some serious issues.

And btw, I am not on H1, haven't been for 17 years. I am a naturalized U.S. citizen.

It is you who signed up with a fraud consulting company. And USCIS has issued a memo a few years back that people aren't counted for the quota until they have started working on the H1. Transfers without that generally aren't possible. This is designed to cut down on H1 abuse, like what you are trying.