Immigration Issues/H1b transfer

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Question
Hi Ajay,

I have valid h1b from Jan 2012 to July 2014.

I was in Chicago from Jun 2012 till   Dec 2013.

My project is closed and my employer called me back to India

As my visa is getting expired, my employer is saying they will file visa extension from India.

Is it possible to file extension from India ? Or i have to be in US to file extension?

If I will resign from current employer in india, Can they inform USCIS to cancel h1b?

Can I use the this cap exempted h1b with new employer to file visa transfer ?

Will it impact visa transfer if cancelation is invoked before the transfer completion ?

Thanks
Pankaj

Answer
Hi Pankaj,

Your employer will file an H1B petition with the USCIS requesting extension of status if present in the U.S. If not present in the U.S., an H1B petition will be filed and you can then obtain an H1B visa at a U.S. Consulate in your home country.

Your employer can revoke its H1B petition anytime. If it does so, you will be violating status if you remain in the U.S. unless another company files its H1B petition prior to termination of your employment or July 2014, whichever occurs first. In any event, you will not be subject to the visa cap when another company files its H1B petition since you were in H1B status at some point within the past 6 years.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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