vikram0550 Posted February 4, 2016 Report Share Posted February 4, 2016 Hi Sir, I have a valid H1B visa stamping, but my H1B petition was revoked after resigned the job in old company but did not get the opportunity to travel US so far. I am still in India, So now can I filing a new H1B with new employer using cap exempt and travel to US once it got approved? Link to comment
bond_bhai Posted February 13, 2016 Report Share Posted February 13, 2016 What do you mean revoked? You can find a new employer/sponsor and ask them to file a new petition under Cap exempt. Link to comment
JoeF Posted February 13, 2016 Report Share Posted February 13, 2016 Hi Sir, I have a valid H1B visa stamping, but my H1B petition was revoked after resigned the job in old company but did not get the opportunity to travel US so far. I am still in India, So now can I filing a new H1B with new employer using cap exempt and travel to US once it got approved? A transfer in your case is NOT possible. It would only be possible if you had started working for the original employer on H1. USCIS has clarified this in 2014. See Link to comment
JoeF Posted February 13, 2016 Report Share Posted February 13, 2016 What do you mean revoked? You can find a new employer/sponsor and ask them to file a new petition under Cap exempt. No, he can't. He hasn't been counted for the quota. See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ Link to comment
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