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Will H1b Remain Valid?

Discussion in 'Nonimmigrant Visa Applications' started by replyme, Aug 5, 2015.

  1. replyme

    replyme New Member

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    Hi Ron,
    Please do reply to my concern.
    My brother (in India for whole time) got his H1b picked up in lottery in April 2014. H1b process took long but finally approved in Jan 2015. Got stamped in Mar 2015. Employer now wants to withdraw H1b.
    Concern is : Will his current H1b and/or his H1b stamp remain valid OR transferable to another employer while he is in India, even after current employer withdraws?
    Please suggest..many many thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the employer withdraws the petition, he cannot use it to enter the U.S. If, however, he finds another employer, that employer may file a cap exempt petition and he may use the new petition approval and his current visa to enter the U.S.
     
  3. replyme

    replyme New Member

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    Great..I appreciate you answering that..now can I assume if he comes to US on some other visa in future (like H4 etc.), he could still find an emplyer in US and convert to cap-exempt H1B (using above cancelled h1b) even in US in future ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, but I wouldn't advise doing a change of status from a B.
     
  5. replyme

    replyme New Member

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    Excellent..actually his fiancee works in US on H1b..He lost sleep over employer wanting to cancel...now as you adviced, he can find another employer from India and get cap exempt h1b OR get married, travel to US on H4 and find an employer in US to get cap exempt H4->H1B conversion.
    You saved a marriage today..thank you very much.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Then it was a good day's work.
     

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