Employer cancelled H1B and need help

[saprajpal]

HI,

I worked in US for 3 three years and recently visited India and My Employer called me and informed me that my H1B cancelled because he got Audit from US labour department. I'm having valid visa till Aug 2013. Can I enter US with this Visa and search for another employer there?Please let me know what are all options I have? I really appreciate if you could guide me in this

[Attorney_10]

The facts of your case appear complex. Generally, if the H1B petition has been withdrawn then the employee can no longer use that petition to enter the U.S. or remain in the U.S. A new employer will need to file an H1B petition on behalf of the H1B employee for consular notification. Once the petition is approved the H1B employee may return to the U.S. on the basis of the new petition. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options that may be available to you.

[saprajpal]

Thanks for the quick response. H1B Quota for the FY2013 full so will it be possible for new Employer to file a petition for me? If options are available to enter back in U.S. please let me know immigration attorney contact details.

[livliv]

No, you cannot enter using just the Visa. You need a valid petition. If you find another employer, they can file a cap-exempt petition for you and after it is approved you can travel using the same Visa and new petition.

[pateljbp01]

I have somewhat similar case.

Employment type: Employer-Vendor-Client

Sep-2011 :H1B was approved by USCIS for 3 years under Advanced degree cap. I was working through placement agency.

Jan-2012: Came to india for stamping and Refused(Sent back to USCIS).

Jul-2012: employer withdrawn petition

Question :

Can I transfer this H1B file to another employer?

If yes, can I file under cap-exempt?

Asking you since I called USCIS 3 times today and all said "NO".

But I believe they have very limited knowledge then lawyers.

Can you suggest me a good lawyer to contact?