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Thread: H1 transfer after denial

  1. #1

    H1 transfer after denial

    My first H1 was approved for 3 years (Oct 2017- Oct 2020) from company A.
    But I lost the job in Nov 2017. So, filed another petition for new employer B in May 2018. Approval got for 1 year with I797-B notice. I came to Ottawa for visa interview as I-797B need visa interview. My visa got refused as told by US Consulate but in system it still shows "administrative processing". US Consulate says my case is in pending for review with USCIS.
    Now this petition is withdrawn by employer. I never join the Company B.

    My question is if I find new job now, which H1 should I transfer, first one which was for 3 years or second one for 1 year ? I mean should I transfer H1 petition from employer A to C or B to C ?

    Need response asap. Thanks.

  2. #2
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  3. #3
    Your message was posted anonymously on our Facebook wall at 9th August - Please review comments from other users

  4. #4
    Technically, your new employer C will file a new H1B application and will attach your previous H1B approvals from company A or B just to make a point that you’ve been already counted towards the lottery cap. There is no such thing called H1B transfer except for conversation sake. All the best!

  5. #5
    It’s a “new” petition but filed as cap exempt. It’s not a transfer as you left the U.S.

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