H1B transfer with cancelled approved notice

Asked over 1 year ago - Sunnyvale, CA

My H1B got approved with employer A, but going to transfer to employer B. I live in my home country. What if my approval notice with employer A got cancelled by them? Will the H1B can be transferred without any issues?

Attorney answers (3)

  1. Tripti Sharad Sharma

    Pro

    Contributor Level 20

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    Answered . Withdrawal notice by Employer A will not impact H-1B petition filed by your new employer if you are not in the U.S.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . There is nothing to transfer as you are not in H-1b status. Your new employer can file an H-1B petition.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What you are describing is not a transfer.

    It is merely a new petition ... probably trying to take advantage of the cap.

    Talk to company B's immigration lawyer (try to avoid the non-lawyers that may be in the HR department).

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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