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AJBHON

H1B transfer denied in new company and old company revoked my h1b

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Hi All,

This is the current situation. Appreciate your help

20th April'17 -  H1b picked through lottery for company A. 

3rd Dec'18 -  Joined company B on receipt

2nd Feb'19 - Received a notification from USCIS that old employer(company A) has revoked H1b

28th Feb'19 - Received a RFE for H1b transfer in company B

15th May'19 - Company B responds to the RFE

30th May'19 - Received a notification from USCIS that they have denied H1b (denied I-129 form)

4th Jun'19 - Physical copy of denial receipt received with the company B.

9th Jun'19 - Left back to India to avoid unlawful presence in the country.

Never got H1b stamped after it got picked in lottery in 2017. So I-94 has validity till  D/S - F1 visa(which is expired in 2017).

What are the options to get back to US? Can any employer file for new petition? If so will this be cap exempt? 

 

 

 

 

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The old employer was required by law to inform USCIS that you no longer work there. That is mandatory, but has absolutely no impact on you.

If you have not used the full 6 years a new employer can file a cap-exempt H1 for you at any time.

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I am not an expert. Below are my feelings.

What are the options to get back to US? - Yes while you are India they can still apply.

Can any employer file for new petition? - Yes any EVerified company can apply. Please consult experts.

If so will this be cap exempt?  - I guess you will not enter into lottery and can use remaining 6 years. Please consult experts.

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