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Guys really need your inputs here, Please help me out.
I was in the US and was let go in Oct 2015 with no notice and I am presently in India with an MNC.
Q1) I have an H1b approval notice (I-797) valid till August 2017 with my previous employer.
This was filed and approved from October 1 2014. I was on opt STEM
extension prior to that. All my admittance to the USA have been on F-1
visa and I do not have an H-1b stamp in my passport . My H1b was sent
for revocation by my previous employer on November 2015 and the case
is pending with USCIS.
Can my new employer still file for an H1 transfer or does it have to
be a new petition? If it is a new petition would it be cap exempt or
would it have to be fresh petition ?
Q2) If the visa is revoked, would I still be able to transfer it or
would it have to be a new petition (cap exempt or not )?
Regards
Vito
I was in the US and was let go in Oct 2015 with no notice and I am presently in India with an MNC.
Q1) I have an H1b approval notice (I-797) valid till August 2017 with my previous employer.
This was filed and approved from October 1 2014. I was on opt STEM
extension prior to that. All my admittance to the USA have been on F-1
visa and I do not have an H-1b stamp in my passport . My H1b was sent
for revocation by my previous employer on November 2015 and the case
is pending with USCIS.
Can my new employer still file for an H1 transfer or does it have to
be a new petition? If it is a new petition would it be cap exempt or
would it have to be fresh petition ?
Q2) If the visa is revoked, would I still be able to transfer it or
would it have to be a new petition (cap exempt or not )?
Regards
Vito
