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

Expired and About to revoke H1B petition - Eligible for transfer under CAP Exempt

61 views
asked Jun 28 in H1B: General by Sanathduvuru (150 points)
Hi,

Please answer below queries.

I am in India and Company 'A' from India filed petition for me in 2016 got picked in CAP lottery in 2016 and petition got expired on Sept 30, 2017. I didnt make use of H1B petition at all. Now, i have resigned from Company 'A' and serving notice period still 20 days left for my last working day in Company 'A',

1. Now i want to make use of H1B petition under CAP Exempt from Another employer, am i allowed to do this ?

2. Company 'A's immigration yeam told me that if a employee leaves the company they will revoke the petition, they didnt tell when they will do this if petition is revoked by Company A, still i can go for CAP Exempt and can file a new petition under same H1B receipt number ?

3. Because i am still working for Company A, am i allowed to go for CAP Exempt from another Employer from India ?

Response to above queries are highly appreciated.

Thanks.

1 Answer

0 votes
answered Jul 17 by darrenbrady (330 points)
HI Sanath,

The answer to three of your questions is Yes you can go ahead with a new employer. The reason being your H1B has been revoked by your employer and not by USCIS(1) while the h1b is revoked and you still have time on your h1B tenure you can get it transferred to a new employer provided you have a valid I-797 Copy ( Approval Copy )

- Darren

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

Most popular tags

h1b h1b-transfer visa h1b-visa-amendment h1b-visa-transfer h1b-extension h1b-sponsor-required h1b-sponsorship-2017 h1b-rfe h1b-cap-exempt h1 transfer i-am-looking-for-h1b-visa-sponsor-company-or-recruiter stamping rfe h1b-amendment dropbox h1b-portability-regulation -when-my-cap-exempt-petition-is-denied h1b-filed-by-multiple-employers approval h1b-specialty-occupation-rfe opt-stem-extension am-i-eligible-for-h1b-cap-exemption-unused-and-unexpired-h1b-petition f1 h4 opt extension h1b-soc h1b-2017 visa-h1b how-to-get-h1b-approval-notice lca rule question cap h1b-change h1b- h1b-stamping-221g-admin level-1-wage-h1b-rfe petition-expired -revoked h1b-stamping #h1b2017 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 please-help-me-to-find-an-employer-to-sponsor-cap-exempt-petition generally-what-kind-of-questions-do-they-raise-at-poe h1b-application-paystub-necessary ds-160-formfilling rfe-on-specialty-occupation-for-h1b-1 h1b-cap-exempt-lca-and-processing-time -how lottery job box b exempt card travel processing 铝合金油罐车 h1b-221g - #h4 #out_of_status how-long h1v-visa i-140 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 part-time-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 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 can-revoked-221g-be-considered-for-cap-exempt-for-h1b-petition -visa-stamping my-passport-expiration -h1b-processing h1b-lottery
...