Suresh11102018 Posted October 11, 2018 Report Share Posted October 11, 2018 Hi, I worked on H1B (on petition1) for 2 yrs and came back to my home country. After 4 yrs, Some other employer filed me a H1 and stamping rejected due to insufficient project details and after a year, the USCIS revoked the petition (petition2). Now, my current company want to file H1B for me. should I go ahead and file the transfer on Petition1? or suggest me how I can proceed! Thanks, Suresh Link to comment
pontevecchio Posted October 11, 2018 Report Share Posted October 11, 2018 you seem to be under a misunderstanding. Nothing gets "transferred" . Based on being cap counted once you are entitled to a total of 6 years in H1 status. This means working for a sponsor in H1 status. In your case the employer will need to file a H1 petition for you non cap since you have already been cap counted and you are eligible for a total of 4 years with no single H1 petition approval more than 3 years at a time. Link to comment
gouthamsworld Posted October 11, 2018 Report Share Posted October 11, 2018 You cant file H1b your company's attorney will do. Just explain this scenario to them and they will make a decision on how to file. Link to comment
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