H1-B Transfer or H1-Petiton transfer

USA H1B Visa
1

Hello,

Company A has filled a petition for me in dec2010 and it got approved and I got the visa stamped in jan2011.

However I was not able to travel due to personal and family emergency at that time and have been in india since then and had not traveled to US so don’t have any pay stubs etc.

Now another company B is interested in sending me on H1-B but the cap is over on june 11 2012 so they may not be able to file a new petiton.My question is :

1.Can the previous petion which was filed in dec 2010 can be transfered to the company B .

2.Will it be possible to transfer the petition to company B if company A has revoked its petiton as I have no information on if that was canceled /revoked ?

3.How can I verify if the petion was revoked ?

Thanks for ur help.

2

reji,

1. H1B petition cannot be transferred from one company to another. In your case, company B can file a new H1B petition which will be cap-exempt since you had a previously approved H1B. You need to have that petition copy or the receipt number for the same.



2. Yes, you may use that petition for cap-exempt filing even if it was revoked by company A.



3. I am not sure how you can verify whether your petition was rekoved or not. But your employer/petitioner will get a notice for that for USCIS.



Thanks,



Sujith
3

Thanks Sujith…what I meant by transfer was a new petition filed using that cap count .

4

Yes, the new petition will be cap-exempt and not subject to cap.

5

thnaks saurabh…just a quick question this will be cap-exempt if the first petion was revoked/canceled by the employer A ?

6

Yes, it will be cap-exempt if the original petition has been revoked/withdrawn by the employer.