Hi, I am from India, and i was working with Company A, and during the tenure with Company A my H1B got initiated and my I797 petition got approved, Before my stamping schedule i left the company for personal reasons. The petition’s validity is for two years, and now when i reached out to the immigration department of company A, they say that they have already sent out a withdrawal request to USCIS. But I could not see any updates in the USCIS official website. How could i check the actual status of my petition, and if it is still valid will i be able to transfer the same to a different company. Please do advice me on this situation.
You can still go ahead and find a new employer who is willing to transfer your previously approved petition. It is still fine even if employer A has withdrawn the petition.
Hi Ankit, Thanks a lot for the quick response. My doubt is, If suppose my petition is withdrawn from employer ‘A’ then will the petition be still eligible for transfer(normally takes 2 weeks) or eligible only for filing the cap-exempt
It is ok. When we say H1 transfer it is actually a new petition. And if you were counted against the cap in the past 6 years, then you do not need to wait till 1st April to get the H1 filed again you will be cap exempt.
Thanks a lot Ankit.