Is h1 transfer not possible after break in work?


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I worked on h1b for almost 3 years, upto 2018 June. After that I had to stop work, and I changed to h4 status.  But I have another 3 years of validity remaining on my h1, out of allowed 6 years. 

However, now I am back again, want to work.  But as I spoke to some employers, they mention h1 can not be transferred, as my previous employer would have withdrawn the petition and my h1 visa would be useless. Why? Is that so? Do employers have to revoke/withdraw their petition when h1 employees leave?

I know there is no premium processing now due to covid, for h1 transfer/extensions. I am not talking about that. But its about can I utilize my remaining valid years of my h1?

 

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Thanks everyone for the replies!

On 6/8/2020 at 11:14 PM, User099 said:

If you were counted toward the cap previously then you can should be able to file a cap exempt H1 to work for a new employer and use the remaining 3 years. PP is starting in next 2-3 weeks

What is PP? Please excuse for asking, if its a basic thing.

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  • 2 months later...

Hi, Thanks for all the replies.

I have a followup question to my above que. The I94 date which is mentioned on my i797 was expired in July 2020. 

My h1b visa can not be transferred to a new employer now? If it can be transferred, is there any time limit on number of days before it should be transferred.

Please give more details.

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Hi JoeF,

Yes I got h4 approval with new I-94. Infact, the I94 num was same. But its valid now, although not h1.

Now....

I still have the same question:

Can my h1b visa be transferred to a new employer now? If it can be, is there any time limit on number of days before it should be transferred?

Thanks for your help,

 

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