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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24284
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am on H1B visa, working in IL for last 1.5 years. As my project

Resolved Question:

I am on H1B visa, working in IL for last 1.5 years. As my project has ended, I have to go back to India. I tried to transfer my H1B visa and found new job as well but as my travel back to India is planned on 01/09. The new company has told me that transfer can not happen now as for H1B transfer, the candidate must be in USA otherwise even though petition is approved but stamping is rejected and they don't want to take this risk.

But I have always heard that transfer can happen even if the candidate is in India. Please let me know if transfer can be done and if not I am thinking of below mentioned options.

1) Come back to USA on H4 as my husband is in US and then search for job and once I get it, change back to H1B.
2) If my current employer, cancels my H1B. Can another employer revoke the same or it has to be fresh petition.

Please help.

Thanks
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith replied 11 months ago.

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

 

It is very expensive to file an H1B petition - the filing fees are over $2500 plus attorney fees. The employer does not want to take the chance that you will be refused a visa.


1) Come back to USA on H4 as my husband is in US and then search for job and once I get it, change back to H1B.

Yes, that is probably a good plan.
2) If my current employer, cancels my H1B. Can another employer revoke the same or it has to be fresh petition.

Any employer can revoke any petition any time.

It is their petition.

Judith

Customer: replied 11 months ago.


Hi Judith,


 


Thanks for reply. I understand that it costs $2500 to file for visa but can visa be transferred when the candidate is in India and in what cases visas are rejected or its always rejected?


 


2) I understand employer can cancel my petition at any point of time but can another employer file for H1B transfer if the petition is cancelled or it has to be fresh petition.


 


Please clarify your answers as answers are bit unclear to me.

Expert:  Judith replied 11 months ago.




Thanks for reply. I understand that it costs $2500 to file for visa but can visa be transferred when the candidate is in India and in what cases visas are rejected or its always rejected?


There is no such thing as transferring a visa. Every visa stamp is a new and fresh process in which a consul can deny a visa stamp.

 


2) I understand employer can cancel my petition at any point of time but can another employer file for H1B transfer if the petition is cancelled or it has to be fresh petition

Every petition filed is a fresh petition. You are not subject to the cap.

 

Judith

Customer: replied 11 months ago.


Hi Judith,


 


So what I understood from your answers is as below.


 


1) Yes H1B visa can be transferred while the candidate is in India but this is risk prone as stamping can be denied.


 


2) Yes another employer can file for my H1B even if my previous petition is cancelled and this new petition wont come under cap and I can start to work in US as soon new H1B visa is stamped.


 


Please verify my understanding and I would be completely satisfied with your answer.


 


Thanks


 


 

Expert:  Judith replied 11 months ago.

1) Yes H1B visa can be transferred while the candidate is in India but this is risk prone as stamping can be denied.

CORRECT

 


2) Yes another employer can file for my H1B even if my previous petition is cancelled and this new petition wont come under cap and I can start to work in US as soon new H1B visa is stamped.

 

CORRECT

 

All the best and I hope things are well back home.

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24284
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 7 other Immigration Law Specialists are ready to help you

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