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Suresh11102018

H1B filing(transfer) after previous petition revoked!

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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

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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.

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