vikram0550 Posted February 4, 2016 Report Share Posted February 4, 2016 Hi All, I have a valid H1B visa stamping, but my H1B petition was revoked after resigned the job in old company but did not get the opportunity to travel US so far.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 other employer with cap exempt and travel to US once it got approved? Link to comment
JoeF Posted February 4, 2016 Report Share Posted February 4, 2016 When did you get the H1? In 2014, USCIS clarified things for situations like yours: http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ Link to comment
LSK_India Posted February 4, 2016 Report Share Posted February 4, 2016 I think yes you can do it . Link to comment
vikram0550 Posted February 5, 2016 Author Report Share Posted February 5, 2016 When did you get the H1? In 2014, USCIS clarified things for situations like yours: http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ Hi Joef, Thanks for your response. My H1-B petition was approved on Jun 2015 and got stamped on Nov 2105. So now can initiate the H1B transfer with my new employer and travel to US once get approved with existing VISA (valid till 2017, with old employer name on passport). Link to comment
JoeF Posted February 5, 2016 Report Share Posted February 5, 2016 Hi Joef, Thanks for your response. My H1-B petition was approved on Jun 2015 and got stamped on Nov 2105. So now can initiate the H1B transfer with my new employer and travel to US once get approved with existing VISA (valid till 2017, with old employer name on passport). Based on the rules USCIS clarified in 2014 (see the link I posted above), you have not been counted for the quota, since you did not start working for the original employer, and the H1 was revoked as per the law when you resigned from the company. That means a new employer can not file a transfer. They can file a new H1 in April for a start date of Oct. 1. Link to comment
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