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Posted on 25 Jan 2011
Q.

Possibility of H1B transfer after cancellation and exit from US

Is it possible to transfer my H1B, which is currently cancelled, to a new employer for the duration of the unused time period on the visa? If not what is the right process for me to get work authorization again in US?

My situation is that I left US upon resigning from my last US job in Oct 2010 after which I assume that my ex-employer filed for a H1B cancellation. (However note that the expiration date of my H1B is 22 Sept 2012) Thereafter I successfully applied for a 10-year US visitor visa from US embassy in India; during this process the embassy stamped my H1B visa with 'cancelled without prejudice.'

Now I have new US job offer. Will I able to use the remainder portion of my cancelled H1B (i.e. time period till 22 Sept 2012) by applying for H1B transfer?
Thanks for your help

User's Location: New York , New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 25 Jan 2011
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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