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Regarding H1B transfer

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  • Regarding H1B transfer

    Hi,

    Currently I am working in ABC company in INDIA from 2 years. This ABC company filled H1B for me on 2013-14 FY quota. My petition got approved on May 2013, and I got VISA stamped in Dec'2013. When ever the ABC company have any requirement they will send me to onsite.

    But I am not sure when it will be. I am planning to quit ABC company. I have few doubts before quit. Can you please help me.

    1) ABC company have a policy to cancel Petition/VISA when I left company (I am notsure about this)
    2) In case If I left ABC company, is there any privilege to cancel stamped VISA to ABC company.
    3) In case If I left ABC company, can any other petitioner can revoke my petition, even though ABC company canceled.
    4) please let mek now the process how can I proceed.

    Thank
    Prince

  • #2
    Originally posted by oracleprince007 View Post
    Hi,

    Currently I am working in ABC company in INDIA from 2 years. This ABC company filled H1B for me on 2013-14 FY quota. My petition got approved on May 2013, and I got VISA stamped in Dec'2013. When ever the ABC company have any requirement they will send me to onsite.

    But I am not sure when it will be. I am planning to quit ABC company. I have few doubts before quit. Can you please help me.

    1) ABC company have a policy to cancel Petition/VISA when I left company (I am notsure about this)
    Yes they can, but since you have already made it through the quota, you are CAP exempt and therefore can transfer employment with an H1B application with a new company. You can actually still use the stamp.

    2) In case If I left ABC company, is there any privilege to cancel stamped VISA to ABC company.

    Usually no, they cannot cancel the visa on the passport unless fraud.

    3) In case If I left ABC company, can any other petitioner can revoke my petition, even though ABC company canceled.
    You can leave you are actually free to do that.

    4) please let mek now the process how can I proceed.

    You should go ahead find another company do an H1B company transfer, once approved, use your visa and come to the US.
    I would recommend you give us a call 510 742 5887, we might be able to help you. You can also email [email protected]

    Thank
    Prince
    Note that this is provided for informational use only
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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