H1B Transfer/Re-activation of revoked petition

[h1bvisatransfer]

I worked with an employer on H1B for 2 months in 2014 and then I returned back to India, in that duration my H1B/i-797 was revoked by this employer, however the H1B/i-797 is valid till 2017.
Recently I came back to US on H4 visa and planning to transfer/reactivate my previous H1. Is it possible? If so what are the possible options /complications.

Please help to the earliest possible.

[SKDS160]

I worked with an employer on H1B for 2 months in 2014 and then I returned back to India, in that duration my H1B/i-797 was revoked by this employer, however the H1B/i-797 is valid till 2017.
Recently I came back to US on H4 visa and planning to transfer/reactivate my previous H1. Is it possible? If so what are the possible options /complications.

Please help to the earliest possible.

Yes, it is possible to transfer your H1 to new employer. They will file your H4 to H1 COS. USCIS may ask some proof that you maintained your H1 status with past employer i.e. You might need the pay stubs from previous employer. Your spouse's documents will also be required to show that he/she is also currently maintaing his/her H1 status.

[h1bvisatransfer]

Thanks for your response, yes i have 2-3 pay stubs from that employer, but the petition is now revoked, i hope that's fine? and we can still transfer?
Please confirm.

[h1bvisatransfer]

Gentle Reminder

Can some one please respond? Thanks

[raghvi]

Can some one please respond? Thanks

Yes, you will be considered cap exempt and the next employer can file for a cap exempt petition.

This is my opinion not legal advice.

[h1bvisatransfer]

Change of Status

I just got the offer from one of the employer. My Employer Immigration team is saying it is just the matter of 'Change of Status from H4 to H1'. Is this the correct go ahead?

[h1bvisatransfer]

Revoced Notice

Here what exactly the status on my EAC# says which was valid till July 2017:
we revoked the approval of your case, Receipt Number EAC YYYY , and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials.
Kindly give your inputs.

[h1bvisatransfer]

raghvi,

Can you please help?

[raghvi]

raghvi,

Can you please help?

Petition revocation does not mean you are no longer cap exempt. If USCIS had revoked the petition due to finding issue with original petition it might be so. If your employer is willing to file a cap exempt petition, go ahead, I don't see an issue.

This is my opinion not legal advice

[h1bvisatransfer]

Thanks Raghvi,

If USCIS had revoked the petition due to finding issue with original petition it might be so -- Didn't understand this.....

Also have you seen similar cases in the past? and what was the success rate....

[h1bvisatransfer]

Hi Raghvi,

Can you please clarify?

Regards,