I am currently working with employer A since past 5 months and H1b was approved in November 2015. Now want to transfer to employer B. But recently I came across this information that transferring before One fiscal year can cause troubles with either CAp exempt or during extension.
1. Will there be any issue with my transfer??
2. If my employer A withdraws his petition after by new one is approved will it impact during my h1b extension??
3. After my new employer B petition is approved will USCIS revoke my approval because I transferred within one year?
Please advise !!
Section 214(g)(3) states, in its entirety:
“Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued a visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issues visasor otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.”