H1-B Revoked. Need help with transfer options


Vanoct

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Hi,

 

A friend of mine was employed with a product based american company on OPT and his H1 was approved to begin from October 1st 2013.

 

His employment was terminated in August and the H1B has been revoked. Fortunately, his OPT is valid until November 12th 2013 and he will not be OOS. He's actively looking for a job and is not sure of what will happen with his H1.

 

If he finds a new job shortly, can his new employer apply for a new H1 based on the petition that was revoked or will he have to leave the country once the OPT expires. Please advise.

 

 

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Hi,

 

A friend of mine was employed with a product based american company on OPT and his H1 was approved to begin from October 1st 2013.

 

His employment was terminated in August and the H1B has been revoked. Fortunately, his OPT is valid until November 12th 2013 and he will not be OOS. He's actively looking for a job and is not sure of what will happen with his H1.

 

If he finds a new job shortly, can his new employer apply for a new H1 based on the petition that was revoked or will he have to leave the country once the OPT expires. Please advise.

As his H1B was approved, a new employer has to file a cap exempt H1B petition and upon approval he can work for new employer.

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I have the same question. If H1B petition which was selected in CAP is revoked by employer A then can employer B still do a transfer or the transfer will be rejected since the original petition was revoked by employer A?

Is your H1B petition from employer A approved? If yes, then employer B can file a cap exempt H1B petition and upon approval you can work for employer B. Revoking H1B will not affect future filing of H1B by prospective employers.

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H1 revocation does NOT matter. It is completely irrelevant for you.

Once you have been counted in the quota, i.e., once you have had an approved H1, even if it was revoked later, you are not counted again in the quota.

There is absolutely NO need to worry about H1 revocation. The employer is required by law to inform USCIS if the person isn't working there. That's all there is to revocation.

I suggest not listening to rumors about revocation that seem to be floating around on some forums...

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Hi,

 

A friend of mine was employed with a product based american company on OPT and his H1 was approved to begin from October 1st 2013.

 

His employment was terminated in August and the H1B has been revoked. Fortunately, his OPT is valid until November 12th 2013 and he will not be OOS. He's actively looking for a job and is not sure of what will happen with his H1.

 

If he finds a new job shortly, can his new employer apply for a new H1 based on the petition that was revoked or will he have to leave the country once the OPT expires. Please advise.

Once your initial H1 is approved then new employer can transfer H1 at anytime.

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