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H1b Transfer - last employer cancelled the petition

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  • H1b Transfer - last employer cancelled the petition

    Hi friends,

    I have a question reg my h1b situation. though i will run by an attorney to ask this please do let know what you know and feel.

    My initial h1b petition was from 2005 - 2008 (from Company A). later when i transfered h1b in 2007 it was extended till 2010(Company B).

    I lost job in dec 2008 and now my last employer has initiated the h1b cancellation procedure in jan 2008. i dont know its status now.


    If i apply for h1b transfer now i beleive i will just get 1 year valid petition. but if i apply for fresh h1b i may get 6 year valid petition right. Given the situation what is best applying for transfer or applying for fresh h1b ?

    Please guide.
    -rafeeq

  • #2
    You have to live outside US for an year if you want another 6 years.

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    • #3
      Just to add one more detail. I have been in usa for only 2 and half years in my entire petition period.

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      • #4
        Only period you have been in H1 status (in US) counts towards 6 years. So no need to go through the lottery again.
        This is my opinion and not legal advice.

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