H1B Transfer in India post revoke/cancellation

[mastermindark]

Hi,

 

I am working for company A and came on a vacation to India. I have got my H1B visa stamped untill Jan 2015 , but unfortunately my service is terminated with the current company A. I saw USCIS website and came to know that My employer has revoked my H1B... so

 

1) Can I still transfer my H1B to some other employer in India and comeback once approved without going for quota ?

 

2) Can the H1B Visa that is stamped for the previous employer  be used for new employer that I am going to choose(once he files H1B and that gets approved) . Is that correct ?

 

Please let me know

 

Thanks!

[jairichi]

 

Hi,

 

I am working for company A and came on a vacation to India. I have got my H1B visa stamped untill Jan 2015 , but unfortunately my service is terminated with the current company A. I saw USCIS website and came to know that My employer has revoked my H1B... so

 

1) Can I still transfer my H1B to some other employer in India and comeback once approved without going for quota ?

 

2) Can the H1B Visa that is stamped for the previous employer  be used for new employer that I am going to choose(once he files H1B and that gets approved) . Is that correct ?

 

Please let me know

 

Thanks!

 

1. Yes.

2. Yes.

[JoeF]

H1 revocation doesn't mean anything for you. The employer just has to do that by law. Don't be scared by the "revocation" word.

A new employer can of course file an H1 for you at any time.

You can use the old, valid H1 visa together with a copy of the new H1 approval notice to enter.

[mastermindark]

H1 revocation doesn't mean anything for you. The employer just has to do that by law. Don't be scared by the "revocation" word.

A new employer can of course file an H1 for you at any time.

You can use the old, valid H1 visa together with a copy of the new H1 approval notice to enter.

Thank you. Another question -Is the H1 transfer possible from India without the recent pay stubs, I have pay stubs till Feb '13. Came to India on Apr '13. Can they manage the transfer? I am concerned as I will have to bear the transfer fees.

[jairichi]

Thank you. Another question -Is the H1 transfer possible from India without the recent pay stubs, I have pay stubs till Feb '13. Came to India on Apr '13. Can they manage the transfer? I am concerned as I will have to bear the transfer fees.

Yes, a new cap exempt H1B petition can be filed by an employer with out pay stubs as you have left US long back. Paying H1B fees by you is illegal. Find a different employer.