Can I transfer h1B while I am in process of another transfer and previously approved I797 has been revoked?

[debdeepb34]

Hi,

 

I have arrived to USA on Nov 20 2013. My I797 was approved in the name of company A when I entered USA. However within a month I had started the process of transfer of my H1B to company B. The I 797 receipt of transfer is available in the name of company B, and the transfer approval has not arrived yet . Also I am working at client site and have received pay stubs from B.

 

Now here is the situation:

 

Company A has revoked my I797 approved petition, and its receipt number shows revoked in USCIS website. However before it got revoked, employer B had already got the receipt of I797. Again employer B is not sharing the copy of I797 receipt. I want to transfer to Employer C.

 

So my questions are:

 

1>Can I transfer my H1B to company C (i am doubtful as Company A has already revoked my visa)?

2>Is it possible to H1B to C without a I797 receipt copy from B?

[debdeepb34]

Please suggest...

[rahul412]

Yes, that's possible. In the worst case scenario you might not get new I94.

[debdeepb34]

Can you please answer 1> and 2> which one is possible and which one is not .. I94 of which approval ? from B or C?

[rahul412]

Can you please answer 1> and 2> which one is possible and which one is not .. I94 of which approval ? from B or C?

C. Bcos you are not sure whether B had filed your H1 or not. In the worst case, if B didn't filed your H1 then you may not get new I94 for C's H1.

[pontevecchio]

Revocation of a previous H1 petition is mandatory and does not affect your ability to get a new H1 non cap sponsor. You need proof of being capped once and the copy of the approval from A will suffice.