h1b withdrawal doubts, need some help underatanding it

USA H1B Visa
1

Dear Members, Im in india.My h1b has been approved, Im done with my stamping as well got three years of us visa. Now all of sudden my us company update me that due to project issue, they dont have openings for my post…so they are going to withdraw my h1b. I need some help in understanding, if after withdrawal of my h1b,I get another job from another us company, so do I need to go through the same lottery process or can I just transfer my h1b. As I got three years visa, can I keep trying for three years. Please I need some light what does withdrawal of h1b means. Thanks in advance Regards Fabian

2

A new employer can file a cap-exempt petition for you which is not subject to lottery/cap. This can be done even after the current petition has been withdrawn.

You need to have copy of the approval notice or know at least the receipt number for this.

3

Dear Saurabh,

Thank you for prompt answer,Last question…Since i have three years visa stamped on my passport, does this mean i can keep on trying in this three years and like h1b does the cap-exempt petition needs to be filled in April itself??

Thanks in Advance,

Regards
Fabian

4

It can be done anytime of the year. You are not subject to April filing and October start date.

Also, the new petition can be filed within 6 years of previous approval notice. If the current visa stamp expires by the time it is filed, then you will have to re-appear for stamping. Otherwise, you can use the new petition and current visa stamp to travel to US. Note: some employers prefer to have the visa stamp in their name and may ask you to reappear for stamping even if you have unexpired approved stamp from old employer.

5

Hi Saurabh,

Thank you for such a detailed explanation.
Got few doubts.Correct me if im wrong.Sorry If the questions are dumb,But im completely new to this H1B.

Assume I got a new job from US company…Now as i have a valid H1b,The company will apply petition on Cap exempt.What is the approximate processing time for the cap exempt.Once i get a approval,there is no need to appear for stamping.

Have another Doubt in this line.
If the current visa stamp expires by the time it is filed, then you will have to re-appear for stamping.
My H1b is from Oct 2013-Sept 2016,
The new petition can be filed within 6 years of previous approval notice.
So according to you,i can keep on trying till 2019??

And is cap exempt same as H1b transfer??

Thanks in Advance,

Regards
Fabian

6

Cap-exempt processing time is 2-4 months under RP and 15 calendar days under PP. If RFE is issued, then it can take longer.

Yes, cap-exempt petition can be filed until 2019. If the visa stamp expires, then you will have to re-appear for stamping.

Yes, cap-exempt petition is loosely referred as H-1 transfer. In USCIS’ view, there is nothing called H-1 transfer. Its we who have coined that term.

7

Dear Saurabh,

Im very thank ful to you ,Have one more query.I heard it from my US friends,ie For H1B Transfer i need to have pay slip of last two months of US company??In my case,I didnt work in US company…They withdrew my petition before i could join them…

Thanks and Regards,

Fabian

8

Payslips are required when one needs to show that they are maintaining status in US. If you have never been to US, then there is no point of showing proof of legal status.

9

Thank You Saurabh, All my doubts are answered.
Thanks again,have a good day.