H1B Petition Revoke- Transfer Possibility

[Amit Gujargoud]

Hi Team,

I'm writing from New delhi. My H1B petition number was approved in 2013. Visa was also stamped in 2013 october.
Due to some personal reason I did not travel to states, After an year i.e 2014 October, My petitioner requested USCIS to revoke the my petition.

Now i got another employer having confirmed role for me and they would like to transfer my petition under cap exempt.

As I already gone through under cap once, so I would like to know if my H1B petition(which was revoked) can transfer to other employer under cap exempt?

If transfer is possible, until when (my petition was approved in 2013) I have time to initiate the transfer process of petition?

I'm out of status and already in in my home country, from some of the forums I learnt I would be considered as cap exempt, but some says, revoke petition dissolves the process i need to go through entire H1B process again. I've no concrete information. If some of you had similar situation in past can share your experiences or may be someone has more insights on this?

I have below 2 questions -

1) If H1B petition is revoked, does transfer is possible under cap exempt?
2) If transfer is possible, until when my new employer can initiate the transfer process? I have never traveled on my Previous H1B, so does 6 years window apply for my case to transfer the petition?
Thank you for your time reading it. Looking for to your answer.

Amit

[shervin143]

1) If H1B petition is revoked, does transfer is possible under cap exempt?
>>> Yes.

2) If transfer is possible, until when my new employer can initiate the transfer process?
>>> Within 6 years from the approval.

I have never traveled on my Previous H1B, so does 6 years window apply for my case to transfer the petition?
>>> Yes.

[Amit Gujargoud]

[QUOTE=shervin143;438967]1) If H1B petition is revoked, does transfer is possible under cap exempt?
>>> Yes.

Thanks Shervin for your response!
As I never travel to US so i dont have pay slips and my H1B already revoked(after 1st oct) , so does that mean transfer is still possible without having payslips on revoked H1B?

Amit

[shervin143]

Yes, it is possible. You need payslips only if you have worked for the H1B sponsor in U.S. If you were outside U.S, then payslips are not needed.

1) If H1B petition is revoked, does transfer is possible under cap exempt?
>>> Yes.

Thanks Shervin for your response!
As I never travel to US so i dont have pay slips and my H1B already revoked(after 1st oct) , so does that mean transfer is still possible without having payslips on revoked H1B?

Amit

[Venkat Gorakarapu]

Hi shervin,
what happened to your H1B Transfer on revoked petition?
was it successful?. please reply.

[Thina]

Amit, where you able to successfully transfer?

I am currently in the same situation and your reply would help me very much. Please let me know ..

Shervin, your reply gives me hope . I came across ur positive reply after going through a lot of forums that only gave negative replies. Have you come across anyone under this situation ?? Please reply.