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H1B to OPT or H1B transfer

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  • H1B to OPT or H1B transfer

    Hello, I left the USA after 1st October to get the visa stamping done for H1B visa. I was unable to get the visa stamping done due to COVID and the company sponsoring me terminated my employment and I stuck outside USA. It's been over 6 months since I got terminated and 9 months outside the USA.
    So, my questions are as follow:

    1. can I get H1B transfer to another company after spending this much amount of time outside USA?
    2. Is my H1B visa got VOID?
    3. Is it possible for me to get back to the remaining OPT that I had before getting H1B?

    Thank You!

  • #2
    Hi,
    Please see my response below.
    1. can I get H1B transfer to another company after spending this much amount of time outside USA?
    Answer: Yes.. You can file another H1B petition once you get H1B sponsorship Employer.
    2. Is my H1B visa got VOID?
    Answer: Hope you did not get H1B visa with previous H1B Approval.. If so, you can file another H1B petition with different Employer. get approval. with the help of new H1B petition approval, you will need to go for Visa stamping.
    3. Is it possible for me to get back to the remaining OPT that I had before getting H1B?
    Answer: I am not sure about this.. You will need to check with DSO.
    Thanks

    Comment


    • #3
      Thank You! for the response. I did not get the visa stamp with the H1B Approval, and I lost my job and It's more than 6 months of unemployment
      Also, my previous employer sent a letter to USCIS to revoke the I-129 petition of approved H1B.

      So, the H1B petition from another sponsor must go through lottery?

      Comment


      • #4
        Hi,
        So my understanding is, you never used H1B. In this case, you can find new Employer, file another H1B petition which will be eligible for CAP exempt.
        Thanks

        Comment

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