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H1 Recapture

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  • Rakesh.gowrishetty
    Member
    • Dec 2016
    • 3

    #1

    H1 Recapture

    Hi,

    I was in US from 2011 to 2013 on H1B VISA. Due to health issues, i had to resign and come back to India and in the process, my employer informed that he would terminate my VISA. Currently, i do not know the status of the visa. Now, i wanted to get it transferred to my current employer. Would it be possible now. How to know the legal advise on the status and would it be possible to transfer to my current employer.

    Quick response is much appreciated.

    Thanks
    Rakesh
  • raghvi
    Senior Member
    • Oct 2011
    • 10186

    #2
    Originally posted by Rakesh.gowrishetty View Post
    Hi,

    I was in US from 2011 to 2013 on H1B VISA. Due to health issues, i had to resign and come back to India and in the process, my employer informed that he would terminate my VISA. Currently, i do not know the status of the visa. Now, i wanted to get it transferred to my current employer. Would it be possible now. How to know the legal advise on the status and would it be possible to transfer to my current employer.

    Quick response is much appreciated.

    Thanks
    Rakesh
    Employer can only revoke the petition, they cannot make you non cap exempt. It should be possible for any other employer to file a cap exempt H1 for you. Just give them the copy of your approval notice.

    This is my opinion not legal advice.

    Comment

    • Rakesh.gowrishetty
      Member
      • Dec 2016
      • 3

      #3
      Originally posted by raghvi View Post
      Employer can only revoke the petition, they cannot make you non cap exempt. It should be possible for any other employer to file a cap exempt H1 for you. Just give them the copy of your approval notice.

      This is my opinion not legal advice.

      Thank you Raghvi!

      Comment

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