Valid H1B petition but not yet stamped..

[ddipak]

Hi Team,

My H1 visa was selected in lottery which was declared in April-May 2014.
The petition is approved and valid till Feb 2017.
The H1 is NOT yet Stamped, means it is never used.
Before this I have travelled to US on L1 visa. (From March 2014 till Sept 2014).

Right now I am in India and I have resigned from employer A who had filed H1 for me.

If now I am working with new employer B, can my H1 be utilized under CAP exempt?
What will be procedure to utilize my H1 petition which is already selected in lottery.

[raghvi]

Hi Team,

My H1 visa was selected in lottery which was declared in April-May 2014.
The petition is approved and valid till Feb 2017.
The H1 is NOT yet Stamped, means it is never used.
Before this I have travelled to US on L1 visa. (From March 2014 till Sept 2014).

Right now I am in India and I have resigned from employer A who had filed H1 for me.

If now I am working with new employer B, can my H1 be utilized under CAP exempt?
What will be procedure to utilize my H1 petition which is already selected in lottery.

Do you have the copy of the H1 approval notice (I797)?

[ddipak]

h1b

Do you have the copy of the H1 approval notice (I797)?

Yes, I have soft copy of I-797, I-129.
Also I have receipt number like EAC-xx-xxx-xxxxx.
The petition is valid from 01 Oct-2014 till 3 Feb-2017.

[shervin143]

The new employer can file the transfer using a copy of your previous H1B approval notice. Just give them a copy and their legal team will know how to proceed.

[ddipak]

thanks for reply.... how much time to i have before starting transfer @ new emloyer?

thanks for reply.... how much time to i have before starting transfer @ new emloyer?
I mean till what latest date my new employer can initiate the transfer ??

- - - Updated - - -

how much time to i have before starting transfer @ new emloyer?
I mean till what latest date my new employer can initiate the transfer ??

[shervin143]

how much time to i have before starting transfer @ new emloyer?
I mean till what latest date my new employer can initiate the transfer ??
>>> H1B CAP is valid for 6 years form its initial approval. You do the math.

[ddipak]

my reply

Is there any way that my ex employer cancel that approved petition?

I have resigned from employer who filed petition for me in august 2015.
Now today 24 dec 2015, when i checked the status of my petition on USCIS website it says:

"On September 29, 2015, we received your correspondence for Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC-xxxxxxxxxx. We are reviewing your correspondence, and will mail you a notice if we need something from you."


As this date 29 sept is after i left earlier employer, I have a doubt that my previous employer might have cancelled my petition...

[shervin143]

Is there any way that my ex employer cancel that approved petition?
>>> It is t heir petition. They can withdraw it if needed.

I have resigned from employer who filed petition for me in august 2015.
Now today 24 dec 2015, when i checked the status of my petition on USCIS website it says:

"On September 29, 2015, we received your correspondence for Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC-xxxxxxxxxx. We are reviewing your correspondence, and will mail you a notice if we need something from you."


As this date 29 sept is after i left earlier employer, I have a doubt that my previous employer might have cancelled my petition...
>>> Possible. They could have sent a withdrawal notice. That being said, this will have no impact on you. You just cannot work for that employer in U.S. However, any new employer can still file a transfer using a copy of your previous approval notice. It doesn't need top be active to file the transfer.

[ddipak]

Thank a lot!!!

Dear Sir/madam,

Thank you very much for your information.
It's very helpful for me.
Thanks again!!!!

[ddipak]

question

Today (17-Jan-2016) when I checked the case status on USCIS website, it says:

"Revocation Notice Was Sent: On December 30, 2015, we revoked the approval of your case, Receipt Number EAC **** **** **, and mailed you a revocation notice. It explains the reasons for our action."


Question 1: Does it mean my ex-employer has revoked the petition. What is impact of this to me?
Question 2: Still I can utilize my same H1 approval through any new employer?
Question 3: Currently I am in India, can any new employer still file a transfer using a copy of my previous approval notice? Still I have approx 6 yrs time?

[ddipak]

Awaiting response

Awaiting response from experts.

[raghvi]

Today (17-Jan-2016) when I checked the case status on USCIS website, it says:

"Revocation Notice Was Sent: On December 30, 2015, we revoked the approval of your case, Receipt Number EAC **** **** **, and mailed you a revocation notice. It explains the reasons for our action."


Question 1: Does it mean my ex-employer has revoked the petition. What is impact of this to me?
Question 2: Still I can utilize my same H1 approval through any new employer?
Question 3: Currently I am in India, can any new employer still file a transfer using a copy of my previous approval notice? Still I have approx 6 yrs time?

1.Yes, seems employer has revoked the H1 petition. It does not matter.
2. Yes, it is possible.
3. Yes, possible.

This is my opinion not legal advice.

[ddipak]

Thanks

Thanks everyone for your guidance....!!!