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Thread: H1 B transfer while out of United States

  1. #1

    H1 B transfer while out of United States


    I was recruited by company 'A' in US while in OPT ,worked for 2 years and got H1 B (in cap) approved from that company in May 2017. But in August, 2017 I had to come India for medical treatment for 4 months. In December 2017, I went for stamping with the same client letter that was issued for H1 B petition and got stamped successfully for 3 years and it is valid until aug 2020. Later unfortunately my company 'A' terminated me because of the project unavailability due to billing issues from the client. So I did not enter the US at all even though my passport got stamped. Could you please clarify the below questions I have :

    1) If I have to enter the US , I have to find a new employer and file a new petition with him for H1 transfer. In that case, Will I be subject to lottery again because I did not work at all in the US on H1 status?

    2) If I will not be subject to lottery, since I am in India now, how much time do I have to transfer H1 B to new employer if there is any deadline?

    3) If I had H1 B petition approved from new employer, Do I need to appear for stamping again before I travel US?

    please provide your valuable suggestions. Thank you.

  2. #2
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  3. #3
    Your message was posted anonymously on our Facebook wall at 11th Jan - Please review comments from other users

  4. #4
    U are cap exempted. Just get a new employer who can transfer your H1. Also u don't need to go for stamping again until aug 2020.

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