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Laid off on OPT Extension , but have an Consular H1b approval(I797B). Got a new job, how can get my H1b as it had been revoked

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asked Sep 13 in H1B: General by anonymous
edited Sep 13 by chandeepkhamba
I got an Consular H1b approval I-797B (without an I-94) in 2016 and continued working for the same employer on F1-OPT. This year while being on STEM extension(24 month), I got laid off and my company filed a seperation(H1b revoked). I haven't used my H1b which is valid until 2019 . I got a job within one month but am still working on my OPT. My new employer doesn't know that I have a previous H1b(revoked) , but is wiling to file a new one in April 2018. As much as I have researched and also as per the immigration attorneys(fragomen) helping me in my last company, my H1b is cap-exempt and is portable to the new employer.  My question is here to ask if someone has seen such a case before and is my research and the lawyer's statement valid? Is my H1b valid i.e. it can be used by my new employer to file a cap-exempt H1b. If yes, when can they file(next April? or anytime soon) . Any advice on this scenario would be appreciated .  Thanks.

PS: My OPT is valid until June 2018

1 Answer

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answered Sep 13 by dan (23,552 points)

Yes, you may be eligible under H1B Cap Exemption. Read this Article for more information.

How to use Cap Exempt H1B with FAQs

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