H1B Extension

[myluck2014]

I have gone through all the related questions/answers regarding cap exempt but still inconclusive/ambiguous so wanted to posted it again. Please answer.

Employer A - H1B Petition - Filed 2014, Approved till 2017. I have the following questions.

1. If the petition status "approved" when Employer B wants to file new petition will be counted as cap exempt ?

2. If the petition status "withdrawn" when Employer B wants to file new petition will be counted as cap exempt ? 

3. If the petition status "revoked" when Employer B wants to file new petition will be counted as cap exempt ?

[jairichi]

As long as petition was not revoked before H1B start date of Oct 1st you will be considered cap exempt.

[myluck2014]

As long as petition was not revoked before H1B start date of Oct 1st you will be considered cap exempt.

 

Thanks for your reply. My case is petition approved but not yet stamped and no hopes that employer A will proceed forward hence looking for a transfer through Employer B.

 

I'm aware that Employer A can withdraw the petition any time while I'm looking for transfer with Employer B and as per your comments I'm still eligible for cap exempt. My question is, Is there any possibility that will revoke situation can happen in this scenario with my case ?

[jairichi]

Thanks for your reply. My case is petition approved but not yet stamped and no hopes that employer A will proceed forward hence looking for a transfer through Employer B.

 

I'm aware that Employer A can withdraw the petition any time while I'm looking for transfer with Employer B and as per your comments I'm still eligible for cap exempt. My question is, Is there any possibility that will revoke situation can happen in this scenario with my case ?

You are fine even if employer A revokes H1B petition as you are cap counted.

[myluck2014]

Does cap exempt eligibility holds good for petition validity (In my case 2017) or for 6 years ?

 

Once Employer B files cap exempt H1 and it got approved what happens to employer A petition ?

[jairichi]

Does cap exempt eligibility holds good for petition validity (In my case 2017) or for 6 years ?

 

Once Employer B files cap exempt H1 and it got approved what happens to employer A petition ?

1. You are cap exempt till you reach the max allowed stay for 6 years on H1B status.

2. Employer A has to revoke your H1B petition if you are no longer working for them.