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Changing Job to company B (in India) after getting H1B from company A ( in India )

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  • Changing Job to company B (in India) after getting H1B from company A ( in India )

    Say company A (In India ) has applied for my H1B and my visa application has been selected in lottery. I got my visa stamped. However I don't want to join company A so I pay the visa cost to company A and I join another company B ( In India ) which agreed to utilize my visa.
    My Questions are :-
    Can company A revoke the petition? Can company B apply for a petition even though the previous petition has been revoked by company A
    How company B can utilize the visa if company A has revoked the petition before company B could apply for a transfer petition.
    Does company B need to pay some fees to transfer the petition. If yes how much is the cost.

  • #2
    Can company A revoke the petition?
    >>> Yes.

    Can company B apply for a petition even though the previous petition has been revoked by company A
    >>> Yes.

    How company B can utilize the visa if company A has revoked the petition before company B could apply for a transfer petition.
    >>> They cannot utilize the visa. But they can certainly file a new CAP exempt H1B petition using the previous H1B approval notice irrespective of whether it is active or withdrawn or expired.

    Does company B need to pay some fees to transfer the petition.
    >>> Yes.

    If yes how much is the cost.
    >>> Same as the new petition. Look up uscis.gov to figure out the filing cost. It varies by employer to employer (size of employer, number of H1B workers etc).
    Not a legal advice. Use of this information is strictly at your own risk.

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