H1B on Consular processing


Chiranjeevi2603

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Hello,
I am right now on L1 Visa which is valid for another 3 years. But for the safety and to be eligible to change companies, I applied for H1B via a consultancy for consular processing. Luckily, I got selected in the lottery in April 2015 and the petition has been approved for consular processing.

Idea of going for consular processing was not to get new I-94 which forces me to come out of my current company on L1.

 

I would like to continue to work for L1 company..

Things are fine so far and the consultancy has shared a soft copy of I-797(H1B approval) with me. Now..

 

1. USCIS has sent a mail to the client asking if I have joined them or not. They are demanding a response ASAP saying what is been done with my approved petition. Since, I am continuing with my L1, Client is going ahead and filing for cancellation of my petition in the coming week. They are not clear if I can use the cancelled petition(receipt number) for H1B transfer(amendment) in future with cap exemption.

2. In future, Will I be in a position to make sue of this cancelled petition got CAP exemption? If I want to move to a new company, what documents should I have in hand? Do I need to have original I-797 with me for H1B transfer by the new company or a soft copy is enough?

Your inputs would really help me. Thanks a lot!!!

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Since you have not started working for the H1 employer, that H1 is gone.

You are not considered counted in the quota.

USCIS has been cracking down on such situations, because it is a waste of an H1, and somebody else wasn't able to get an H1 because of your selfishness.

See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

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Guys...

http://forum.murthy....ion-from-uscis/ talks about revoking petition before Oct 1st or applying for a transfer before Oct 1st.

My case is not in that bracket, my client is going to revoke my petition in the coming weeks and I intend (only if required) to transfer the revoked petition may be some time late next year..

Well, you never know whether USCIS is taking a new stand in situations like this and you might be the first case. Keep us posted.

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Guys...

http://forum.murthy....ion-from-uscis/ talks about revoking petition before Oct 1st or applying for a transfer before Oct 1st.

My case is not in that bracket, my client is going to revoke my petition in the coming weeks and I intend (only if required) to transfer the revoked petition may be some time late next year..

 

Since you haven't gotten an H1 visa, and haven't entered with that and started working for the H1 employer, you haven't been counted for the H1 quota, as per that link (please read it in more detail), so a transfer is not possible.

You need to start working for the H1 employer, only then are you considered counted for the quota, and only then can an H1 transfer be filed.

Having a fake H1 application "just in case" is not going to work anymore.

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