H1B was Revoked, Can I transfer My H1B to another employer after 60 days of my termination?


sourav g

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Posted

My H1B was revoked by my employer A on Apr 15th and I was admitted into H1B grace period(60days) to find a new employer to file my petition. And I got an offer for employer B but unfortunately my new employer hasn't filed my petition within 60 days,  so I had to leave US on 60th day of my grace period and I left USA on Jun 14th. 

1. What is my current status. (I stayed in US 60 days after my employment terminated). 
2. Can I transfer My H1B to another employer now? (I am in home country now) 
3. Can I apply for H1B again, can application fall under CAP exempt quota?

4. Is there any way that I can utilize my H1B ?

Posted

If you are outside the US, you don't have a status, by definition. You can only have a status while in the US.

An employer can file an H1 for you at any time (an H1 transfer is really just a new cap-exempt H1 petition.)

Once the new H1 petition is approved, you can enter with your current visa (if still valid) and a copy of the new approval notice. If your visa is expired, you of course would have to get a new visa. The main thing is that you can only enter when the H1 is approved.

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