New company wants to transfer revoked H1B*****URGENT, Please help*******

[dino1084]

Hi All

*******PLEASE HELP, ITS URGENT******

I have an H1B visa from my past employer in the USA and when I left the company it was revoked.

Now a company in India wants offer me a position but is asking for H1B transfer.

1. Please guide what can happen if they file for H1B transfer?

2. Can the Indian company be convinced to file for a new H1B ? (I WAS A STUDENT IN USA)

3. Since I was student in the USA, do I still fall under the student quota of H1B ?

*****PLEASE HELP, URGENT******

Thanks,

Dina

[Edmon]

The Indian Company HAS to filed for your H1B. There is no other way.

What is commonly known as H1B transfer is indeed simply a new H1B.

Since you already had a H1B, in whichever year it was allotted, you have already been counted against one visa. The new H1B (or so called transferred H1B) will not be counted against any new visa. Unless, your previous H1B was from a University of Non-profit organization.

IMO, your previous H1B visa just expired and was not revoked. Either way, what matters is the actual number of days you were in the US on a H1B. Those days are counted and subtracted from the 6 year period. Balance is still in your account.

[dino1084]

Thanks a lot Edmon!

I appreciate you taking out time and replying!

I want to give you a little more details that might help you understand my case better:

I got the visa from a company in 2009 (under students quota) and I left the company in mid 2009. My company revoked the visa and I came back to India. The Visa expiry date is 2012.

Now my current company want to file for a transfer.

Can that revoked visa be transferred?

Is that revoked visa I-797 of any use to me?

PS: I know a friend of mine, who had the same case but his company filed for a fresh visa and he got that.

[dino1084]

Hi guys

Can anyone please help on this topic.

- Dina

[JoeF]

As Edmon already said, there is no transfer, really.

What is known as "transfer" is just a new H1. It is always a new H1.

So, any question about "is a transfer possible" is misguided, since there is no transfer, and it is always a new H1. And a new H1 is of course possible.

See http://www.murthy.com/mb_pdf/081911_P.html, section "H1Bs Cannot Be "Transferred" and Other H1B Matters"

[dino1084]

That article is of great help.

I appreciate the help JoeF.

Thanks a lot!