Giri_B Posted January 12, 2022 Report Share Posted January 12, 2022 Hello, I got my fresh H1b in the year 2018 with the help of Employer 'A' in USA. I worked till January, 2019 for Employer 'A' and moved back to India. They have revoked the petition in 2020. I have utilised 1 month of h1b while working for Employer 'A'. Can a new employer 'B' based out of USA use my existing h1B and transfer it, given that It is REVOKED by employer 'A' in the year 2020? Do I fall Under Cap-exempt or have to go to the lottery process this year? If employer 'B' is willing to transfer my H1B (if it is possible), considering that I am in India right now; can employer 'B' start my transfer with consular processing while I am in India? Any help and lead will be deeply appreciated. Quote Link to comment
Zodiac System Posted January 13, 2022 Report Share Posted January 13, 2022 (edited) Ans. 1 - Yes. Previously approved H1b can be used for transfer petition. Ans 2. - Cap-exempt Ans 3. - Yes Edited January 13, 2022 by Zodiac System Quote Link to comment
JoeF Posted January 14, 2022 Report Share Posted January 14, 2022 Employer A was required by law to inform USCIS that you no longer work there. The revocation has absolutely zero effect on you. It is just an administrative thing. A new employer can file an H1 transfer for you at any time. Quote Link to comment
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