valid period for H1B transfer after revocation


Anoopa

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Hi,

I have a question about H1B revoked situation. 

I had a valid H1B visa with stamping until Sep 30th 2018. My employment was terminated on Feb 3rd 2017 and H1B petition was revoked on Mar 8th 2017. As per rules, I had time till Apr 3rd for change of status or leave the country. I left the country to avoid illegal stay. Some employer mentioned to me that I have time till May 8th 2017 to send a transfer petition for the revoked H1B. Is this true? If I find a client, can a new employer still transfer the revoked H1B petition?

Please reply if you know any answer for this question?

 

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It is a misnomer that petitions get "transferred". The fact is you are entitled to a total of 6 years in H1 status based on being cap counted once. Hence you are entitled to the remainder of your H1 period which would be 6 years minus existing time when you were in H1 status. FYI, employers are required to revoke the H1 petition of employees who leave.

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Thank you Pontevecchio and Rohang

So can I say that any new employer/company can file my H1B under cap-exempt for the remaining period of my total 6 year period? 

Is there a limited time until which the petition has to be filed?

My employer revoked my H1 on March 8th, does the remaining period count from that day?

Please let me know. Appreciate your help.

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