H1B out of cap processing

[archana86]

I worked in H1B from 2015 to 2017 . Due to personal reasons I had to travel back to India in 2017 and so my H1 was withdrawn by my employer as I could not resume back to work . In 2018 I was back to USA in H4 visa(dependent of my husband who holds a H1B visa). My question is if an employer is ready to sponsor my H1 by processing out of cap can I start working with a receipt notice  or should I wait until the approval. My previous H1 which was withdrawn was valid till Sep 2019 .

[gopalakrishnach]

I guess your old withdrawn H1B is gone. I guess you need to go into lottery.

[pontevecchio]

You are entitled to 6 years minus existing H1 time which you say is 3 years. You cannot start on application and will have to wait for the petition with COS to be approved. Look up whether PP is possible.

 The previous answer is wrong.

[JoeF]

You are cap-exempt.

The old employer was required by law to inform USCIS that you no longer work there. That's completely irrelevant for you.

If you have not used the full 6 years you can get the remainder cap-exempt.

[JoeF]

4 hours ago, gopalakrishnach said:

I guess your old withdrawn H1B is gone. I guess you need to go into lottery.

Wrong. Revocation of the old H1 is completely irrelevant.

[gopalakrishnach]

14 hours ago, JoeF said:

Wrong. Revocation of the old H1 is completely irrelevant.

Thanks for correcting me.

[gopalakrishnach]

18 hours ago, gopalakrishnach said:

I guess your old withdrawn H1B is gone. I guess you need to go into lottery.

My previous post is wiong...

[kishjio]

Hi,

My H1B was approved on December 7th 2018 and petition end date was August 31st 2019. Stamping was not done. I am in India.

 Can you please explain me whether i am eligible for H1B Cap exempt process ?

[JoeF]

9 hours ago, kishjio said:

Hi,

My H1B was approved on December 7th 2018 and petition end date was August 31st 2019. Stamping was not done. I am in India.

 Can you please explain me whether i am eligible for H1B Cap exempt process ?

How about creating your own post and not hijacking somebody else's?

If you have not worked for the H1 employer with the H1 you are not cap-exempt. A new employer can file an H1 for you April 2020 for a start date of Oct. 2020.

[kishjio]

Hi Joef,

Sorry.

I started a new thread. Thanks for your reply.

So am i eligible for extension ?

 

[JoeF]

On 7/12/2019 at 11:32 AM, kishjio said:

Hi Joef,

Sorry.

I started a new thread. Thanks for your reply.

So am i eligible for extension ?

 

The second paragraph in my previous answer answers your question.