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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105630
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My H1B was valid up to April 2015 with X company, I-140

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Hi,
My H1B was valid up to April 2015 with X company, I-140 Approved, It was in to 8/9 th year running.
Due to health reasons came back to India in Jan 2015, later my H1B got expired, due to personal reasons could not go back to US and my X employer did not apply for extension, in 2016 Jan have transferred my H1B to Y company and got extended my VISA up to 2019, unfortunately due to personal problems I could not go back to US, eventually my Y company revoked my H1B after 6 months.
Do I have chance to Transfer my H1B to some Z Company?
or Do I have to apply for fresh H1B?
I greatly appreciate your time
Thank You.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Sorry about the delay. Your I-140 is still valid and has not been withdrawn? And how long have you been outside of the U.S. at this point?

Customer: replied 1 month ago.
I140 is still valid, Jan 2015 till now.
Customer: replied 1 month ago.
outside us : Jan 2015 till now

Then yes, you could find a new employer to file a new H-1B for you to get three year extension based upon the approved I-140 that has not been revoked because if you file without an approved I-140, you would be subject to the H-1B cap again except that you would get a new 6 year cycle. Obviously, it is better to file through the approved I-140 to get 3 years under your previously counted H-1B.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 1 month ago.
Sir, please allow me some time to come back with few more followup questions

Your question thread does not close. So take your time. Just please do not forget to leave a positive rating. It does NOT close after you leave a positive rating. You can always come back without additional charge.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 21 days ago.
Hello sir, thank you for your answer, have question, wondering, I have H1B VISA stamped on my passport in india till 2018 and my Y employer revoked my H1B petetion last July 31st 2016, would it be possible for me to travel to US on the stamped H1B Visa?

I have been waiting over a month to be compensated for my time and effort and I am still waiting. I hesitate to continue on with you since you have not left a positive rating for me after I have tried to explain that the session does NOT close when you leave a positive rating.

Customer: replied 21 days ago.
Sure, I would certainly give positive and good rating, would be great to see your answer, thanking you sincerely

The answer is yes if you have an approved I-129 from another employer and will travel with that approval notice (I-797) and perhaps the offer of employment letter stating that as soon as you come back to the U.S. you will immediately begin working for the new H-1B employer, then yes, you should be able to use that unexpired H-1B visa stamp even though it is from a different employer.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Customer: replied 21 days ago.
Y employer revoked my H1-B petition in July 31 2016, that won't be an issue?

As long as you have no time out of status, then no, you should not have an issue. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 21 days ago.
Just want to make sure, if I get new approved I129 from Z company then without stamping I can travel with that papers but not with yhe Y company I129, since the petition been revoked in end of July 2016. Sir am I correct Correct?

I just want to make sure that I get compensated for all the time I have spent with you so far. If you don't trust me when I tell you that your session does NOT close when you leave a positive rating and that you can continue to ask additional questions without additional charge, how can you trust me that I am giving you correct legal information?

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 21 days ago.
First of all my apology that I did not know for each reply I have to rate, thought only for complete thread, now I will do on each reply sorry, please kindly answer

You do not have to rate after each reply, just once. Thank you for doing that. See? I am still here and am available to continue to answer your follow-up questions. As to your latest question, yes, this is very common for persons to have an H-1B from A and then transfer to B and use the visa from A to travel even though they are no longer with A and even after A withdraws their H-1B. Travel on the visa from A with an approval notice from B is acceptable and common. It helps to avoid getting new stamping and risking Administrative Processing.

Customer: replied 21 days ago.
Thank you, ***** ***** must need approved I129 travel to US.
Customer: replied 21 days ago.
Will get back to you sir for follow-up question

Yes, I would have the approved I-129, the valid visa, and an offer or employment letter from the new employer.

Customer: replied 21 days ago.
Thank you

My pleasure. Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Customer: replied 14 days ago.
Why did you guys charged my card again today? this is totally strange.To: ***** *****
Account: Surya CHK ending in 9522
Debit Card: ending in 3695
Transaction date: 11/23/2016
Amount: $61.33
Country: UNITED KINGDOM
Merchant: JUST ANSWER *EXPERTYour debit card was used outside the 50 states (U.S).

You were only supposed to be charged once unless you signed up for the subscription service. I will contact the administrators to clear it up. Sorry for the mix up.

Customer: replied 14 days ago.
I'm supposed to be charged only once When I opened the thread its already been charged, this is second time some thing I'm not subscribed to, so please clear this for me.
Thank you for your help.

I already sent a notice to the administrators. Thank you for your patience and understanding.

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