H1B APPROVED AND THEN LAID OFF

[AbhishekPandey6]

My H1B petition got approved this June and It was going to kick in October 1st. But I got laid off before that. My employer has withdrawn/revoked my petition

 

I have a few questions that I would like to ask: 

1. If I find a job in the next few weeks, is it still possible for my new employer to file for a cap-exempt H1B petition? 

 

IF NOT

 

2. By April of next year, I find a new employer who is ready to sponsor my H1B, will I have to go through the lottery process again? (If I fall under cap-exempt I won't have to go through a lottery for 6 years of H1B) Is this true?



Your inputs are greatly appreciated.

[JoeF]

That H1 is gone.

For a transfer, you would have to start working for the original employer on the H1, which obviously isn't going to happen.

A new employer can file an H1 petition in next year's lottery.

[AbhishekPandey6]

Hi Joe, thank you for replying.

Will I be able to apply under cap exempt? I spoke to an attorney and he said it is possible to apply. And I don't have to wait for the lottery in March. As soon as I have a new employer, they will be able to file for my H1 under the cap-exempt category.

I am aware that my H1 approval is of no use, but he said once you are picked in the lottery, you do not have to go through the lottery again for six years.

Please correct me if I am wrong.

Best,

Edited August 24, 2019 by AbhishekPandey6

[applicant123456789]

@AbhishekPandey6
 

I'm in the exact same situation, my H1B was approved and i was laid-off. My employer has sent a letter to USCIS to withdraw my petition(i have the letter with me), but they haven't heard back from USCIS so far. My previous company's attorney informed me that it might take almost 6 months to receive it and sometimes they might not send it at all. Did your attorney or employer receive confirmation that your petition has been withdrawn? If yes, can you please let me know how long it took?

Thank You