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  • H1 transfer and reject

    Hi,
    I'm in india working for company A and having valid stamped H1B till sep, 2013. I never traveled to USA.
    I got an offer from company B in india and they are ready to file H1B transfer for me. They are going to place me as an permanent employee in their USA office. They gave me a USA offer letter also with all wages details.

    I have the below questions, please clarify..

    If H1B petition transfer by company B is not approved by USCIS then the previous company A's petition will also be invalid??

    I heard that transfer is nothing but new petition. Will it then remain valid the previous company A's petition?


    Thanks,
    Chanchal

  • #2
    If H1B petition transfer by company B is not approved by USCIS then the previous company A's petition will also be invalid??
    >>> No.

    I heard that transfer is nothing but new petition. Will it then remain valid the previous company A's petition?
    >>> Yes, unless revoked by employer A.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1B Transfer

      Hi,

      I am in India and my H1B is valid till Feb 2014. I have never traveled to US using my H1B and would like to how many times can we try to transfer using this cap if the first one has got rejected and also If the company "A" has revoked the petition??

      Thank you,

      Comment


      • #4
        There is no such limitation. You can use the CAP to file new H1B petitions for the period of 6 years. One H1B CAP is valid for 6 years.

        Originally posted by kadkhiq81 View Post
        Hi,

        I am in India and my H1B is valid till Feb 2014. I have never traveled to US using my H1B and would like to how many times can we try to transfer using this cap if the first one has got rejected and also If the company "A" has revoked the petition??

        Thank you,
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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