wisheme Posted June 6, 2020 Report Share Posted June 6, 2020 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 But as I spoke to some employers, they mention h1 can not be transferred, as my previous employer would have withdrawn the petition and my h1 visa would be useless.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? Quote Link to comment
gopalakrishnach Posted June 8, 2020 Report Share Posted June 8, 2020 As per law once employee leaves employer, thr employer must let USCIS know and that will lead to H1B revoke. I feel any employer can fill new H1B petition anytime of the year outside lottery to get remaining 3 years, Quote Link to comment
User099 Posted June 9, 2020 Report Share Posted June 9, 2020 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. Quote Link to comment
wisheme Posted June 13, 2020 Author Report Share Posted June 13, 2020 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. Quote Link to comment
User099 Posted June 15, 2020 Report Share Posted June 15, 2020 On 6/13/2020 at 6:27 AM, wisheme said: Thanks everyone for the replies! What is PP? Please excuse for asking, if its a basic thing. Its Premium processing. Nothing wrong in asking what we don't know 👍 Quote Link to comment
wisheme Posted August 25, 2020 Author Report Share Posted August 25, 2020 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. Quote Link to comment
JoeF Posted August 26, 2020 Report Share Posted August 26, 2020 You should have gotten a new I-94 with the H4 approval. Quote Link to comment
wisheme Posted August 28, 2020 Author Report Share Posted August 28, 2020 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, Quote Link to comment
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