Aaradhya Posted August 2, 2021 Report Share Posted August 2, 2021 Hello, I got my first fresh H1B in the year 2013 with the help of Employer "A" in India and travelled to USA on May 2014 for two months. I came back to India and worked for same employer "A" for 5 months and then travelled to USA again on January 2015. I stayed in USA till June 2019 and worked for the same employer "A". My total duration with employer "A" was 4 years and 5 months. I then quit the job with employer "A" while in USA and came back to India to work for employer "B". Employer "A" has REVOKED the H1B since I am no longer working with them and left them. In this case, 1. Can a new employer "C" based out of USA use my existing H1B and transfer it, given that it is REVOKED by employer "A" ? 2. Do I fall under cap-exempt or have to go with new lottery process next year? 3. If employer "C" is willing to transfer my H1B (if it is possible), considering that I am in India right now and have only 19 months left (along with travel ban); can employer "C" start my perm and I-140 process while I am in India? 4. Do I need to join employer "C" from India if they have to start my perm and I-140 process OR I can be with employer "B" (my current company in India) and employer "C" can start with the processes in parallel? Any help and lead will be deeply appreciated. Quote Link to comment
Aaradhya Posted August 2, 2021 Author Report Share Posted August 2, 2021 One more addition to above queries is that, currently the status is showing as "Withdrawal Acknowledgement Notice Was Sent". I hope this means after "revoke request" by employer "A", USCIS has sent the acknowledgement to employer "A" Quote Link to comment
Zodiac System Posted August 5, 2021 Report Share Posted August 5, 2021 New employer C can use your previous approved H1b for transfer. You will have to join employer C for your I-140 process. Quote Link to comment
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