Immigration Law Questions? Ask an Immigration Lawyer.
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.
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.
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.
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.
1) Yes H1B visa can be transferred while the candidate is in India but this is risk prone as stamping can be denied.CORRECT
All the best and I hope things are well back home.
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