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About Pathy

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  1. The new NTA rule will apply when I-94 is expired and when the visa extension petition is denied. In your case, it's better to switch to Employer B after their petition got approved.
  2. Pathy

    H1B Status Question

    Since the petition has been received by USCIS on Aug 18, you are allowed to continue to work with your employer. The date USCIS receives the petition and acknowledge it is matters. Receiving the receipt notice on your side doesn't matter.
  3. Pathy

    Cap exempt H1b application from India

    Yes, you are cap-exempt - you can re-claim your remaining period(the days you are not physically present in the USA on H-1B) on your H-1B. If you selected via the Apr-2019 cap, then you are eligible for the fresh period of 6 years.
  4. Pathy

    H1 Transfer- Approved I797 Docs

    I believe in your case, you don't need to mention Company B's petition in detail.
  5. Pathy

    H1b grace period- 60 or 180 days?

    Normally you have the 60-day grace period following the end of your employment.
  6. Since you didn't use your H-1B, you are not eligible for the cap-exempt petition. Your employer has to file a new cap-subject H-1B petition.
  7. Pathy

    H1b cap-exempt - recapture of unused time

    Yes, it’s according to the USCIS guidelines. What your employer says is correct but I guess your interpretation is incorrect. You are eligible for cap-exempt filing until Feb-2024(Mar-2018+6 years). To be eligible for cap-exempt you should be under H-1B status in the last 6 years and you should not reach your maximum duration of stay (6 years). You should be able to claim only the duration which you were not physically present in the USA.
  8. Pathy

    H1b revoked can be transferred?

    You will lose your H-1B status from the day you cease working for your sponsoring employer. But you will have a 60-day grace period following the end of your employment and during that period you can find other employment and your new employer can file H-1B (extension of H-1B status). FYI: USCIS is the only organization which has the right to revoke your H-1B. An employer cannot directly revoke your H-1B. Your employer needs to file a written withdrawal of the petition to USCIS and it takes time for the USCIS to process the withdrawal request.
  9. No, it doesn't matter in case of certain cap-exempt employers (to name few, such as institutions of higher education, government research organizations, non-profit organizations are exempt for the H-1B cap and are not required to enter the lottery to receive an H-1B visa and can apply for H-1B at any time of the year)
  10. In order to reclaim the unused H-1B period, the beneficiary should have been in H-1B status in the past six years. In your case, since you didn't use your H-1B you are not eligible for cap-exempt filing and required to file a new petition in the next lottery season(if nothing altered on H-1B clause).
  11. Pathy

    H1B Loose vs H1B Transfer

    Yes, But I would suggest you to please check with your immigration attorney on this scenario.
  12. Pathy

    H1B Loose vs H1B Transfer

    H-1B Loose or Consulate Petition is a petition filed when the H-1B beneficiary is outside the United States. Since your previously approved H-1B is not used you wouldn’t be able to re-claim the approved H-1B period. In your case, you didn’t have had H-1B status and you are subject to the cap. Your employer could file a new H-1B cap-subject petition and once it’s approved, you might need to go to the consulate to apply for an H-1B visa and get it stamped in your passport.
  13. Pathy

    H1B Extension Denied apply for Out Of cap

    A1: Yes, you are eligible for H-1B cap-exempt petition as long as you didn't physically spend the whole period of 6 years on H-1B. A2: Your employer can file a new petition. In your case, same project or client doesn’t impact (theoretically). A3: It depends on multiple factors such as how employer file/defend the case, employer-employee relationship, Specialty occupation, and education qualification criteria etc. Considering current vetting of H-1B cases it’s better to prepare for the worst and hope for the best.
  14. In order to use the remaining period (the days you are not physically present in USA) of 6 years of H-1B, you should be in H-1B status in the USA within the last 6 years. In your case, since you left the USA in 2011 it's been more than 6 years. Your employer can file a new H-1B cap-subject petition or you can find a cap-exempt employer based on your qualification and related field.
  15. Hello, I resigned from my employment with Company A and moved back to home country and Company A filed petition to withdraw H1B petition with USCIS. Now while I'm out of USA, Company B offered a Job and ready to sponsor/file H1B Petition, but due to regular processing I can only get Receipt notice within short period. With this scenario, Can I travel back to USA with Receipt notice alone? (My previous visa is valid till 2020 with previous employer -Company A). Please advise and any pointers would be helpful. Thanks.