H1BCase Transfers before One Year Case law

[ramya1234]

Hello

I am currently working with employer A since past 5 months and H1b was approved in November 2015. Now want to transfer to employer B. But recently I came across this information that transferring before One fiscal year can cause troubles with either CAp exempt or during extension.

1. Will there be any issue with my transfer??

2. If my employer A withdraws his petition after by new one is approved will it impact during my h1b extension??

3. After my new employer B petition is approved will USCIS revoke my approval because I transferred within one year?

Please advise !!

Section 214(g)(3) states, in its entirety:

“Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status. If an alien who was issued a visa or otherwise provided nonimmigrant status and counted against the numerical limitations of paragraph (1) is found to have been issued a visa or otherwise provided such status by fraud or willfully misrepresenting a material fact and such visa or nonimmigrant status is revoked, then one number shall be restored to the total number of aliens who may be issues visasor otherwise provided such status under the numerical limitations of paragraph (1) in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the petition was approved.”

[JoeF]

That law section is about fraud.

If your H1 wasn't fraudulent, there is no issue with a transfer at any time.

[pontevecchio]

Your paragraph refers to H1 fraud. If you are not involved there is no problem.

 

1. That would be based on company credibility

2. A IS REQUIRED to revoke the H1 when you leave. That does not affect you.

3. No such requirement. Have you committed fraud?

[ramya1234]

Thank you for the immediate response. No not fraud!! for some reason my current employer sent this to everyone in the company who got employed recently so just got worried because I have a full time opportunity from B that I did not want to lose!!

[ramya1234]

The section I was worried about in th above paragraph was the "nonimmigrant status is revoked" I did not understand if this was applicable to me !

If my employer A is withdrawing after I leave i thought it will be considered as a revoke no matter it is misrepresentation or a genuine applicantion

[pontevecchio]

Your former employer could be technically prosecuted for not revoking the H1 after you leave. HE HAS TO revoke it by law. Just move on.

[JoeF]

If you leave an H1 job, the employer by law has to inform USCIS that you left. That's a different law section.

USCIS will then revoke the H1 petition, due to the person leaving the job. That's pretty much an administrative thing.

If the new employer has filed an H1 transfer, there is no problem.

And again, the stuff you quoted is about revocation due to fraud or misrepresentation. It has nothing to do with normal H1 transfers.

So, relax.

[ramya1234]

Thank you for helping me understand this ! Really appreciate your help.