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About cap-gap

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  1. Op’s case is not revoked by employer but by USCIS
  2. There were two posts here few weeks ago whose H1 extensions were denied because their original H1 petitions that were counted against the Cap were revoked by USCIS. Hence the subsequent petitions were not cap exempt.
  3. You are out of status due to the invalid bridge petition. Better to leave the country and renter using the A’s petition.
  4. If you already worked in that position/location where amendment was filed and denied, then you ‘may’ be considered as out of status. It is because the ‘bridge’ petitions need to be valid to maintain continuity of status.
  5. cap-gap

    Regarding H1B Reject Case (Urgent)

    Keep the paperwork stored. Hope you get picked up in lottery next time but you need to also consider a lawsuit for professional negligence.
  6. No the employer is breaking the law by not following rules ..he should learn the lesson hard way.. employers like these who didn’t follow the proper protocols for last 15 years are the root cause of the H1b crackdown now..
  7. cap-gap

    RFE on I485J

    Self porting is a pitfall just for the reasons you mentioned. Don’t skimp now and pay a good lawyer to get a response prepared.
  8. as the employer is not following the rules to the dot in this case a clear answer can not be given.. so just so you know, if they don’t revoke ur H1, you can file a claim in Sept 2020 that this employer owes you back wages from September 2018 onwards per the current regulations..
  9. cap-gap

    I-485 Filing Question

    Theoretically not until 485 is approved but given that an interview is mandatory for 485 approval now, you might be under scrutiny if there will really be a CA job if you currently work in TX.
  10. cap-gap

    concurrent H1b

    “concurrent” H1b is a different concept wherein the second petition is explicitly denoted as a second job. As none of your petitions were filed as such you can not work for two employers at the same time. And typically real employers require notifications of moonlighting..
  11. cap-gap

    H1B>>Transfer: I94 expiring

    You have an approved H1 petition and you used the same to get H1 visa stamp but now that company is dormant( non operating). If so, where’s the job available as soon as you land in US? Having a job offer from another company is not sufficient, you need to have an approved H1 petition from that another company to work from them. At POE, they will ask for unexpired H1 visa stamp (from any company). Additionally, you must also show an approved H1 petition + real job proof from one single company.
  12. Either an EO or a law passed by Congress can be challenged in SC.. as simple as that..
  13. cap-gap

    H1B>>Transfer: I94 expiring

    Do not travel on H1 if you do not have a real job pending when you land. That will put you at risk of ban. You didn’t say how long is ur H1 visa stamp is valid? You don’t a new stamp if you get a new h1b petition approved and ur stamp is still valid.. where’s your baby? In USA?
  14. cap-gap

    DS 160 not able to retrieve..

    Once “submitted” that DS 160 is locked and you can not edit. but you can fill out a new and email that new number to consulate