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 Got a new job, how can get my H1b as it had been revoked

asked Sep 13, 2017 in H1B: General by anonymous
edited Sep 13, 2017 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, 2017 by dan (24,544 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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