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H1B transfer with cancelled approved notice

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. Best answer

    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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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