Transfer of Revoked H1B
started by vghm 6 mnths agoFlat
Nested
Replies
> Hello to all Immigration Experts
See, that is where you went wrong about us. Post this on murthy.com or some such place.
I heard that if your company does a "transfer" for you to their London office -- i. e., NOT a separation and re-hire in London -- your H-1B continues to be alive, although not active. That is, the time you spend in London does not count towards the 3 year limit, but you still have the visa alive when you want to return. If you do a re-hire situation, I think you would have to get in the 65,000 quota game again.
See, that is where you went wrong about us. Post this on murthy.com or some such place.
I heard that if your company does a "transfer" for you to their London office -- i. e., NOT a separation and re-hire in London -- your H-1B continues to be alive, although not active. That is, the time you spend in London does not count towards the 3 year limit, but you still have the visa alive when you want to return. If you do a re-hire situation, I think you would have to get in the 65,000 quota game again.
Thanks carvaka....but unfortunately the way a re-hire in general works is ....you get struck off the payroll in the US....and then get re-hired.
Once off the payroll, the H1 is revoked. However, if you haven't utilised the 6 yrs of your H1 you can get it transferred to a new employer without subject to the cap.
Once off the payroll, the H1 is revoked. However, if you haven't utilised the 6 yrs of your H1 you can get it transferred to a new employer without subject to the cap.
>> I personally believe this is not correct. Can someone share their knowledge on this?
I will give the best advice and better than anyone here in CH...
Go and consult a lawyer.
I will give the best advice and better than anyone here in CH...
Go and consult a lawyer.
Thanks Uppili, yours was the most concise advice. and useless too.
When you screw up and end up with an INS notice, you will find my advice extremely useful....;)
Uppili, try and do something yourself. Self help doesn't really hurt. It helped me gather info without going to a lawyer.
Check the following link.
Check the following link.
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
You stingy Queen's Cobbler (or bootlicker in layman's language).
A new H1B fresh off Computer Software Institute in Gurgoan ?
Thanks. Will look at it when I get into a desperate situation like you are in.
A new H1B fresh off Computer Software Institute in Gurgoan ?
Thanks. Will look at it when I get into a desperate situation like you are in.
take a Chill Pill Uppili
I am not in a desperate situation.....I chose to move to London and that's why I am moving.
BTW....the more you get annoyed......the more I will push. 
You are questions are a bit confusing. Anyhow, from what I understand, if you are being transfered by the same company who is holding H1B and that company does not revoke your H1B, you can always re enter on that H1B provided that visa is already stamped on your passport. Otherwise, you will have to get it stamped and enter into United State.
Also, since you mentioned that you recently got your H1B transfered, who are you working for now (the previous employer or the new employer) and who is sending you to UK? Whose stamping you have in your passport? Your answer could give a better clarity. However, please understand, holding an H1B sponsorship is NOT YOUR CHOICE. If the emplolyer decides to withdraw/ revoke your H1B petition, irrespective of the factor whehter you are in US or outside US, and if you still have the visa stamping also, it gets null and void. Based on USCIS discretition on how they view the situation, they might allow a week / two weeks for you get the H1b transfered in case of your H1B being revoked. Also, please not that any employer who intends to revoke your H1B, must notify you in writing of their intention to cancel the petition before they intimate to USCIS (provided you are accessible - meaning, you should also be in contact with your employer to let them know of your whereabouts) and it's mandatory that they offer you retrun trip back to your country of Origin. You have the option to accept or decline. But either way, after the revokation, it is purely your legal responsibility to maintain your legal status and stay in United States.
Hope I could answer some of your doubts,
Also, since you mentioned that you recently got your H1B transfered, who are you working for now (the previous employer or the new employer) and who is sending you to UK? Whose stamping you have in your passport? Your answer could give a better clarity. However, please understand, holding an H1B sponsorship is NOT YOUR CHOICE. If the emplolyer decides to withdraw/ revoke your H1B petition, irrespective of the factor whehter you are in US or outside US, and if you still have the visa stamping also, it gets null and void. Based on USCIS discretition on how they view the situation, they might allow a week / two weeks for you get the H1b transfered in case of your H1B being revoked. Also, please not that any employer who intends to revoke your H1B, must notify you in writing of their intention to cancel the petition before they intimate to USCIS (provided you are accessible - meaning, you should also be in contact with your employer to let them know of your whereabouts) and it's mandatory that they offer you retrun trip back to your country of Origin. You have the option to accept or decline. But either way, after the revokation, it is purely your legal responsibility to maintain your legal status and stay in United States.
Hope I could answer some of your doubts,
and you T T.....polish your English speaking, understanding, reading skills. come back and read my post again...and just try to figure out what part says I have got my H1 transferred already.
btw...you've said everything you could and still you are nowehere close to answering my question.
btw...you've said everything you could and still you are nowehere close to answering my question.
OOPS!!! I thought i was genuinely trying to share some valuable info...good to know that we have Dr. English - vghm..in the forum to teach and polish English skills...BTW, you missed out my writing skills...yours sucks!!!!
The info you shared with me would be valuable for me only when I need that info.
I never asked what my employers obligations are towards informing me of what they are going to do with my H1.
As far as my writing skills are concerned....you are right. My writing's been pretty bad since early childhood.
I'm good at typing though...if that counts.
I never asked what my employers obligations are towards informing me of what they are going to do with my H1.
As far as my writing skills are concerned....you are right. My writing's been pretty bad since early childhood.
I'm good at typing though...if that counts.
© 1998-2008 Copyright Sulekha.com Connecting Indians Worldwide, All Rights Reserved.
JBF..from his perosnal office.