H1B revoked from previous employer. H1B transfer rejected. Options available

Asked 11 months ago - Fremont, CA


Once I got a new job I started working for the company B on H1B receipt. Company A revoked my H1B.
They got an approved H1B petition till OCT 2014.

Now since my transfer has been denied and my previous employer revoked my H1B. Can I submit COB to H4 as my spouse is on H1B?

Also if I get approved on H4 Can i search for new jobs and reapply to tranfer to H1 from H4 with cap exempt?


Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Did you talk to the transfer company's immigration lawyer?

    If you are afraid, or can't for some other reason, it is time to pay an attorney for a consultation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  2. Arit D Butani

    Contributor Level 10


    Lawyers agree

    Answered . There are a lot of questions here. You should consult with an immigration lawyer to discuss possible options.

    Please note: This information is general in nature and is not intended, nor should it be construed, as legal... more
  3. Anu Gupta


    Contributor Level 19


    Lawyers agree

    Answered . Depends on the timing. You havent provided the dates. CoS may be possible. Even if it is not, you are cap exempt. Any new employer can file a H1, get it approved, have you go to the consulate to get the visa stamped, after which you can work.

    Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.... more

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