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H1b transfer in revoked petition

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  • H1b transfer in revoked petition

    Please find my details below :
    visa type : h1b
    h1b max out - 6 years : oct 2020
    new 797 petition validity : until 2023
    employment termination : Nov 2020
    employer revoked petition: Dec 2020
    i-140 status: approved
    current location : india

    I had max out my h1b on Oct 2020 and my employer applied for extension using i-140 and its approved until Aug 2023 in consular process also stamping completed but unfortunately my employment terminated in Nov 2020 then initiated revoke and I got revoke notification on Dec 2020.
    can you please give your inputs:
    1) Does I have any grace period to transfer my H1B with a new employer with last revoked petition from India? (I seen there are some information to 60- days grace period to initiate to transfer after revoke petition)
    2) My wife has h1b and can I come back to usa on h4 visa then is there any possibility initiate Change of status (COS) to h1b using my revoked last petition with i140?

  • #2
    Hi,
    Here is my response.
    1) Does I have any grace period to transfer my H1B with a new employer with last revoked petition from India? (I seen there are some information to 60- days grace period to initiate to transfer after revoke petition)
    Answer: Since you have I-140 Approved and I hope it was not revoked within 180 days, you can do H1B transfer to any Employer. And 60 days period will be consider when you are in the USA to do change of status or filing another H1B petition.
    2) My wife has h1b and can I come back to usa on h4 visa then is there any possibility initiate Change of status (COS) to h1b using my revoked last petition with i140?
    Answer: Yes. You can travel to the USA with the help of H4 visa. If you get any opportunity and H1B sponsor then you can do change of status to H1B.
    Thanks

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