Can I Transfer an H1B Visa That Was Approved via Consular Processing but Never Activated and Then Revoked?

Many individuals with H1B visas who have gone through consular processing face confusion when their visas get revoked. In this article, we clarify the implications of an H1B visa that was approved but never used and activated, leading to revocation. We also address the common question about transferring such a visa.

Understanding Consular Processing and Revocation

Consular processing is a crucial step in the H1B visa application process. During consular processing, an applicant applies to their embassy or consulate for an immigrant visa, which allows them to enter the United States and appears to be an extension of the nonimmigrant visa system. However, revocation of an H1B visa can have significant implications for the individual’s situation.

The Implications of an Unactivated Approved H1B Visa

When an H1B visa is approved through consular processing but is never activated, the individual does not enter a status as a nonimmigrant. This means that there is no ongoing immigration status or a way to maintain and transfer the visa. Instead, the visa remains in a dormant state.

Revocation of the H1B Visa

An H1B visa can be revoked for several reasons, including failure to timely enter the United States or if the employer fails to sponsor an adjustment of status within the required timeframe. The revocation does not automatically mean that the individual can no longer use the visa, but rather that the visa itself is no longer valid.

Can the Revoked H1B Visa Be Transferred?

The key point here is that the H1B visa is not transferable once it has been revoked. According to United States Citizenship and Immigration Services (USCIS), a revoked visa cannot be transferred to another employer or to the individual themselves. The visa is essentially void and cannot be used again.

Legal Advice and Immigration Status

It is crucial to seek legal advice from an immigration attorney when dealing with the revocation of an H1B visa. While the individual will not have any ongoing immigration status due to the visa revocation, they may still have options depending on their specific circumstances. Legal professionals can provide guidance on any potential pathways to reapply for a new H1B or adjust their status.

Conclusion

When an H1B visa is approved through consular processing but is never activated and then revoked, the visa cannot be transferred to another employer or to the individual. The revocation effectively voids the visa, and the individual does not have ongoing immigration status. However, seeking legal advice is essential to explore any potential pathways forward.

Keywords:

H1B Visa Consular Processing Revoked Status