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Am I eligible for H1B transfer (cap exempt) after a long gap? Worked on H1B for 4 years, but petition was revoked later.
Please guide me on transfer of my old H1B to a new employer, my case details are below:
- My Employer 'A' filed new H1B application, petition approved, VISA Stamped - in Oct 2007, valid till Sep 2010
- Travelled to USA in May 2008, first time.
- I was still in USA when my VISA was about to expire and I was working with same employer 'A'. My employer filed an extension/renewal.
- Got approval to extension request and received new I-797. Renewed petition was valid till Oct 2012. Got it stamped.
- I continue to work on extended petition. Filed another extension and Petition got approved till Oct 2013.
- I returned to India in Dec 2012. Never travelled back to USA during the validity of my extended petition, so I did not go for stamping again.
- I left employer 'A' in Aug 2013 and went on a break for over an year and worked with couple other employers in India between 2015 to 2017.
- In Dec 2017 joined employer 'B'
- Though my petition got expired in Oct 2013, my ex-employer 'A' has filed Revocation request, USCIS revoked my petition on Employer's 'A' request in Nov 2013.
1 - Now can my employer 'B' transfer/renew my old H1B (as I can reuse remaining 2 years available with my old H1B) under out of cap?.
2 - Will there be any hurdles due to revoked petition?.
3- Till what time my H1B status will be valid for Cap-exempt process? I left USA on H1b in Dec 2012.
I do have the file number but do not have petition last approved oct-2013 copy.
Thanks,
Abhay
Please guide me on transfer of my old H1B to a new employer, my case details are below:
- My Employer 'A' filed new H1B application, petition approved, VISA Stamped - in Oct 2007, valid till Sep 2010
- Travelled to USA in May 2008, first time.
- I was still in USA when my VISA was about to expire and I was working with same employer 'A'. My employer filed an extension/renewal.
- Got approval to extension request and received new I-797. Renewed petition was valid till Oct 2012. Got it stamped.
- I continue to work on extended petition. Filed another extension and Petition got approved till Oct 2013.
- I returned to India in Dec 2012. Never travelled back to USA during the validity of my extended petition, so I did not go for stamping again.
- I left employer 'A' in Aug 2013 and went on a break for over an year and worked with couple other employers in India between 2015 to 2017.
- In Dec 2017 joined employer 'B'
- Though my petition got expired in Oct 2013, my ex-employer 'A' has filed Revocation request, USCIS revoked my petition on Employer's 'A' request in Nov 2013.
1 - Now can my employer 'B' transfer/renew my old H1B (as I can reuse remaining 2 years available with my old H1B) under out of cap?.
2 - Will there be any hurdles due to revoked petition?.
3- Till what time my H1B status will be valid for Cap-exempt process? I left USA on H1b in Dec 2012.
I do have the file number but do not have petition last approved oct-2013 copy.
Thanks,
Abhay
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