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H1b Transfer And Revocation From India!!!! Please Give Your 0.02$!!!

Discussion in 'General nonimmigrant visa issues' started by h1b_select, May 20, 2017.

  1. h1b_select

    h1b_select New Member

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    Hi All,

    I am in a unique position or not that you all have to decide. I am stating my case here.

    I have approved and stamped VISA valid till October-2019, which was filed by my current company A.Now company A is not willing to send me on assignment. I have another company B willing to transfer my VISA. I have never been in USA on H1B status.

    I am planning to leave company A and join company B in India itself. I am worried about revocation/withdrawal of VISA from company A.

    My questions are as below:

    1. What is the difference between revocation and withdrawal from company A perspective?

    2. If company A revokes/withdraws the VISA and company B files for the transfer, will I be counted in CAP or I will be CAP-EXEMPT?

    3. Should I transfer VISA to company B before revocation/withdrawal or after? Is "after" even possible?


    Please help me with these scenarios if you have been through this situation. I would also like to have suggestions based on this scenarios.

    Thanks
     
  2. donisback

    donisback Guru

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    1) revocation is by USCIS for fraud or blah blah blah, withdrawal is by company filing to withdraw petition. By law companies are required to withdraw if the employee no longer works for them to avoid potential future pay issues.
    2) you are cap
    3) H1b filing don't matter in this case as you are outside the country .So you will file for H1b transfer as outside USA candidate but you wont be able to enter into usa until peititon B is approved
     
  3. BLUELABEL

    BLUELABEL Junior Member

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    You will be CAP exempt if company B apply for transfer from India but not sure if it has to be done before company A withdraws it. I was in similar situation several years ago but my company A never withdraw my H1.
     

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