H1B cancellation / transfer

[sathishkumarb 0]

Hi Team,

Please help me by clarifying the below questions:

1) Is H1B visa / petition can be cancelled after stamping by the current employer

2) Even if got cancelled, can my new employer transfer or apply for new petition using the existing petition without cap exemption (using the existing quota)

Thank You!

Sathish

[KayDeeCee 4,893]

~ Moved from General Discussion to Work Visas | Duplicate topics from 3 other forums removed - please do not spam and post a topic only once ~

[abhi_meli 150]

1-YES

2-NO

[HollywoodNorth 22]

To answer 1, yes, by law they have to notify the government when your job is terminated [by your choice or theirs] that you are no longer an employee and to cancel the H1B .

2, they can file as long as the paperwork is submitted for processing before the end of your job. I've gone through the process. .

That being said, there seems to be a grey area if the H1B is filed in a timely matter after your past job [days or a few weeks] you may still get your old H1B ported. It can take a while for USCIS to process the H1B termination paperwork from the old employer. No guarantees, but I've heard of it working in a few cases.

The safest way is to have the new employer file for an H1B port before the end of your current job. While it is processing/adjudicating, you are in protected status.

[sathishkumarb 0]

Thank You Very Much Hollywood North!!!!