Welcome to H1BSupport.Com, please Ask a Question and an H1B Expert will provide an answer within 24 Hours!
Ask a question:

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 Got a new job, how can get my H1b as it had been revoked

42 views
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

0 votes
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

Most popular tags

h1b h1b-transfer h1b-visa-transfer h1b-visa-amendment h1b-extension visa h1b-sponsorship-2017 h1b-sponsor-required h1 transfer i-am-looking-for-h1b-visa-sponsor-company-or-recruiter stamping h1b-rfe h1b-cap-exempt h1b-amendment rfe h1b-filed-by-multiple-employers approval opt-stem-extension h1b-portability-regulation -when-my-cap-exempt-petition-is-denied h1b-specialty-occupation-rfe h1b-2017 visa-h1b dropbox f1 rule h1b-change h1b- h1b-soc h1b-visa-stamping-verify-eligible-for-drop l1b-h1b h1b-denial -2016-2017-h1b-applications h1b-dropbox h1b-extension-h1b-amendment-occur-simultaneously stamping-interview h1b-rfe-client-letter am-i-eligible-for-h1b-cap-exemption-unused-and-unexpired-h1b-petition generally-what-kind-of-questions-do-they-raise-at-poe how-to-get-h1b-approval-notice h1b-application-paystub-necessary ds-160-formfilling h1b-cap-exempt-lca-and-processing-time -how lottery job b h4 card opt level-1-wage-h1b-rfe -revoked h1b-stamping #h4 #h1b2017 #out_of_status how-long h1v-visa rejection-letter h1b-case-status-transfered h4-to-h1-h4goingtoexpire clientchange h4-visa-dependent-holder-work ac21 h1b-consulatenotified h1bapproved-cosdenied-paidleave 2016-2017 port-eb3-eb2-i file-perm-premium-processing-h1b h1b-transfer-premium h1b-premium-fee h1b-filing-fee -which-one-eligible-for-cap-exemption h1b-from-multiple-employer-for-lottery-system education-certificates-for-h1b-filing please-help-me-to-find-an-employer-to-sponsor-cap-exempt-petition uscis-to-begin-premium-processing-of-h-1b-cap-subject-petitions-by-april-28 how-to-ensure-your-h1b-is-filed-and-what-if-not-picked-in-the-lottery -visa-stamping my-passport-expiration -h1b-processing h1b-lottery -will-any-issue-arise h1b-cap-exempt-beneficiary regarding-i-94-correction cpt-to-h1b my-stamping-is-expired -you-need-12-points for-you-to-get-h1b-visa looking-for-an-h1b-sponsor-for-the-year-2016 need-h1b-sponser h1b-query-1 h1b-visa-extension-drop-box-option lca perm box sponsorship green receipt
...