H1b transfer with revoked h1b

[anjul.ranjan]

> Hi,
>
> I need your suggestion on the situation I am in right now.
>
> I recently changed my employer from A to employer B.
> Employer A has revoked my H1B and right now employer B is in process of filling H1B transfer, which will probably happen in a week.
>
> MY 6 years on H1B will get completed this 25th July 2013, which is almost 2 months from now.
> Can my employer B still process my H1B transfer application under CAP exempt quota.
>
> I am really worried on this and will appreciate any suggestion from you.
>
> Thanks.

[kabkaba]

Are you in the US? If so the new employer's petition must be filed (receipt date) before your last day at work with the old employer or otherwise it may get approved without I-94. In that case you will have to leave the US and return with H1B Visa in order to work for the new employer.

As to your eligibility, the second employer may file a cap-exempt petition for you for a period of 6 years minus the time you spent in the US in H1 or L1 status.

[dpuser]

H-1B Cap exempt

Hello,

I am also having the similar situation here. I had the approved h1-B petition for 3 years(First Petition) which was never used. I got back to my home country from US and my petition was revoked under admin processing. Now A new employer filed for H1B exempt, received RFE saying that...
"The beneficiary was never admitted or held H-1B nonimmigrant status. As such, you may provide additional evidence to establish that the beneficiary is eligible to be exempt from the H-1B CAP"

What's the best possible we can do in this case?

[Nattybone]

Hello, Dpuser.

What status did you have when you were in USA? Also, how long ago was that?

I am guessing you were on some other visa, like F1 at the time of filing H1B petition. Your I797 was approved but you came back to your country and never got H1B stamped or worked in USA. If this happened over 6 years ago, then that H1B approval can no longer be used, you will need to file H1B afresh.

Please share the date when you got the I797 approval.

Cheers,

Hello,

I am also having the similar situation here. I had the approved h1-B petition for 3 years(First Petition) which was never used. I got back to my home country from US and my petition was revoked under admin processing. Now A new employer filed for H1B exempt, received RFE saying that...
"The beneficiary was never admitted or held H-1B nonimmigrant status. As such, you may provide additional evidence to establish that the beneficiary is eligible to be exempt from the H-1B CAP"

What's the best possible we can do in this case?

[saint123]

I have a somewhat different case. I am in the US on F1. I found a job and the employer filed for an H1B which got approved in Apr 2014. I was going to start in Oct 2014 when the H1B becomes effective. I was notified on July 1st that the employer will retract his offer and also notify USCIS. Luckily, I have another prospective employer. The question is, can I transfer my H1B to the new company (without entering the lottery system)? What happens if the first company revokes the already approved petition?

Any help would be appreciated. It is frustrating to say the least.

[petey2428]

I have a somewhat different case. I am in the US on F1. I found a job and the employer filed for an H1B which got approved in Apr 2014. I was going to start in Oct 2014 when the H1B becomes effective. I was notified on July 1st that the employer will retract his offer and also notify USCIS. Luckily, I have another prospective employer. The question is, can I transfer my H1B to the new company (without entering the lottery system)? What happens if the first company revokes the already approved petition?

Any help would be appreciated. It is frustrating to say the least.

I'm on the same boat. answers appreciated!

[raghvi]

Yes, it is possible but you got to convince the existing employer to not revoke the H1 till another employer files their own cap exempt petition and gets it approved.

This is my opinion not legal advice.

[Sachin72111]

H1B transfer from India with revoked H1B

Hi,
I am working for Employer A in US and I have completed 4 years out of 6. I've resigned my job with Employer A and joining Employer B at India. The current H1B petition is valid thru Dec'16. I would like to return back to US after 1 year with Employer C. I have few doubts:

1) Will Employer A withdraw the petition once I resigned my job? If so, how will I get notified?
2) Can the Employer C able to transfer H1B even after Employer A's petition withdrawal?
3) If the Employer C wants to transfer H1B before Dec'16, will I be considered for 'no Cap' processing?

Any details on this would help me a lot. Thanks in advance.

[Sachin72111]

H1B transfer from India with revoked H1B

Hi,
I am working for Employer A in US and I have completed 4 years out of 6. I've resigned my job with Employer A and joining Employer B at India. The current H1B petition is valid thru Dec'16. I would like to return back to US after 1 year with Employer C. I have few doubts:

1) Will Employer A withdraw the petition once I resigned my job? If so, how will I get notified?
2) Can the Employer C able to transfer H1B even after Employer A's withdrawal?
3) If the Employer C wants to transfer H1B before Dec'16, will I be considered for 'no Cap' processing?

Any details on this would help me a lot. Thanks in advance.

[kabkaba]

A's withdrawal will make no difference to you. You will remain cap-exempt.

[rammurthi80]

H1B Transfer with revoked H1B

Are you in the US? If so the new employer's petition must be filed (receipt date) before your last day at work with the old employer or otherwise it may get approved without I-94. In that case you will have to leave the US and return with H1B Visa in order to work for the new employer.

As to your eligibility, the second employer may file a cap-exempt petition for you for a period of 6 years minus the time you spent in the US in H1 or L1 status.

Hi Kabkaba,

I am having similar situation. I got lay off from previous company on 19-Aug-2016. I manage to find another company who is doing my H1B transfer, new company has sent my H1B transfer in premium processing on 8-Sept-2016. but when I check old employer's petition, I can see that old employer revoked my petition on 29-Aug-2016.
so I am late by approx 9 to 10 days.
in this case, what would be the expected outcome? please advise.

Thanks
Ram

[raghvi]

Hi Kabkaba,

I am having similar situation. I got lay off from previous company on 19-Aug-2016. I manage to find another company who is doing my H1B transfer, new company has sent my H1B transfer in premium processing on 8-Sept-2016. but when I check old employer's petition, I can see that old employer revoked my petition on 29-Aug-2016.
so I am late by approx 9 to 10 days.
in this case, what would be the expected outcome? please advise.

Thanks
Ram

Are you currently working? Did you get paid between 19-Aug to 8-Sep?