Karteekdavid Posted July 26, 2018 Report Share Posted July 26, 2018 Hello, Could you please provide information, is there a way for a petitioner(change of employer) or beneficiary to find if the beneficiary's petition would be CAP excepted for H1-B transfer. Thank you. Quote Link to comment
pontevecchio Posted July 27, 2018 Report Share Posted July 27, 2018 Were you ever subject to the cap and have you worked in H1 status? Quote Link to comment
Karteekdavid Posted July 28, 2018 Author Report Share Posted July 28, 2018 Yes, I was once subjected to CAP and yes, I’m currently working on H1B If all subsequent petitions are still approved, but the initial CAP-Subject H1-B was revoked and revocation reason is unknown to beneficiary or new petitioner. Is it still possible to find if beneficiary is CAP Excepted or not? Is it advisable to try to get revocation copy using FOIA? Most of the blogs say H1-B is an employer's petition and FOIA should be filed by employers,can beneficiary request for a copy of revocation? Please advise. Thank you. Quote Link to comment
JoeF Posted July 28, 2018 Report Share Posted July 28, 2018 (edited) When you left the old employer, that employer by law had to inform USCIS that you no longer work there. And that will result in the old H1 petition being revoked. It is nothing to worry about. It is just an administrative thing required by law. Edited July 28, 2018 by JoeF Quote Link to comment
okokok Posted July 28, 2018 Report Share Posted July 28, 2018 I have a somehow similar situation. So the company I'm working for has been cap exempt for several years and just last month got acquired becoming a tax paying organization. I will soon need an H1b extension for another 3 years but am not sure if I can due to the new acquisition. It is established that the buying company is cap subject for profit, but how do I verify that my current company, wherein my duties, location are same, just the name and owners are different, will still be considered a related entity allowing status of cap exempt considering the 2017 rule changes. Then what if I just have my lawyer go ahead and file for an extension, with amendment, successor of interest documents, have evidence that we are still doing the same work or affiliation to university, and just let USCIS decide for us. It's not fraud or making false statements. Hopefully if I get approved, then they must still consider our company as cap exempt then. Quote Link to comment
pontevecchio Posted July 29, 2018 Report Share Posted July 29, 2018 You should be aware that each and every ex employer of a person in H1 status HAS TO REVOKE the petition by law once you leave their employment. Add up all times in H1 status and subtract from 6 years and that is your remainder. What happened to the initial H1 is IMMATERIAL. Quote Link to comment
Rameshkumar3 Posted March 21, 2020 Report Share Posted March 21, 2020 Hi Karthik, Am facing the similar situation bro. Can you please call me at (949) 392-8321 Thanks Quote Link to comment
Pyla Posted May 20, 2020 Report Share Posted May 20, 2020 (edited) Hi Ramesh, I am also in same boat, trying to reach you, can you please me know what happen next in your case. Can you call me on 732 771 9459 Edited May 20, 2020 by Pyla Quote Link to comment
JoeF Posted May 21, 2020 Report Share Posted May 21, 2020 (edited) Some people seem to be clueless about the Internet. Why in the world would you provide your phone number to everybody in the world??? Scammers are the only ones who like that. Geez. People living in the last Century.... In addition, expecting that somebody who posted 2 years ago would still be around and call you is naive to the max. Edited May 21, 2020 by JoeF Quote Link to comment
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