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Can I get and transfer my H1-B ?

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  • Can I get and transfer my H1-B ?

    I have a question about my H1 which was applied in 2014 cap.
    My employer applied for my H1 in 2014 and it got denied at first. After that my employer appealed against the denial and it got approved in November.
    By that time my status got changed from L2 to H4 so i had to stopped working from Oct 1.
    Now my employer is not getting any project so that he can recruit me so they are telling that they will revoke my H1.
    I have a following questions:
    1. Can i get the original copy of my 797 from USCIS as my employer is not sharing with me.(Although i have a soft copy)
    2. Can i transfer that newly approved H1 to other employer who can give me the projects? (As its not initiated).

  • #2
    Originally posted by aashu View Post
    I have a question about my H1 which was applied in 2014 cap.
    My employer applied for my H1 in 2014 and it got denied at first. After that my employer appealed against the denial and it got approved in November.
    By that time my status got changed from L2 to H4 so i had to stopped working from Oct 1.
    Now my employer is not getting any project so that he can recruit me so they are telling that they will revoke my H1.
    I have a following questions:
    1. Can i get the original copy of my 797 from USCIS as my employer is not sharing with me.(Although i have a soft copy)
    2. Can i transfer that newly approved H1 to other employer who can give me the projects? (As its not initiated).
    1. You don’t need an original copy, but USCIS should furnish it to you because it has an I-94 and you are entitled to have it.
    2. Yes, you can transfer.
    You should see an attorney as soon as possible. There is a chance you may be currently in H-1B status (depending on when the H-1B was approved and when your status changed to H-4) and that by not working, you are out of status.

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