sha@an Posted August 2, 2019 Report Share Posted August 2, 2019 Hi all, My employer revoked my current H1B petition which was valid from May 2018 to May 2021 since I left the job and came to India. I have my previous H1b stamped which is from Dec 2016 to Dec 2019 which is not revoked & also I have my I-140 approved which is active. My question -- > Can a new employer use my current stamped H1B visa which is valid till Dec 2019 and transfer my visa? Regards Ankur Quote Link to comment
JoeF Posted August 2, 2019 Report Share Posted August 2, 2019 A new employer can file a new H1 petition outside the quota (what is commonly known as H1 transfer.) Once it is approved you can enter with the existing valid visa and a copy of the new approval notice. Quote Link to comment
GCoder Posted August 2, 2019 Report Share Posted August 2, 2019 You cannot since, you are not maintaining current h1b status. you need get an offer, and ask your employer to petition via consular processing. Only after approval, you can legally enter USA. Quote Link to comment
gopalakrishnach Posted August 6, 2019 Report Share Posted August 6, 2019 Find an employer who can petition your H1B. This will be outside the quote since it is treated as transfer but not new H1B. Once your H1B transfer is approved you DO NOT need to get visa stamped since you said your existing stamped visa in passport is valid . You can enter into USA with that visa and you MUST carry a copy of approved H1B transfer notice. Quote Link to comment
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