H1b transfer while in US

[ashising]

Hi ,

I have a question regarding my wife.

She entered US on H4 Visa in March 2013
Joined MS in Sep 2013  to be completed in Nov 2014
In Jan 2014 Status changes to F1
Febraury Started CPT with Employer A
April 2014 Employer A Filed H1b and got selcted in lottery
June 2014 CPT discontinued with employer A
July 2014, CPT started with Employer B

Now i am expected my H1b(from employer A) to be Approval soon, but Employer A says if they don't have JOB they would withdraw the petition.

Now my question is
1) Can Employer B file cap exempt H1B petition
2) If Employer A withdraws petition once approved,
Will I be Out of Status, from date from H1b is withdrwan to time new employer files H1b.

Should i exit US on withdrawal date and come back on H4(can not come on F1 as its not stamped)

 

Thanks,

[rahul412]

CPT with employer A,B...what is this?? Do you exactly know what CPT is??

No doubt that you have abused CPT, you killed your career in US. You might get H1 but this CPT abuse will be on your immigration record.

 

BTW, is this about you or your wife?? Your post is not clear.

[wiweq]

Now my question is

1) Can Employer B file cap exempt H1B petition

=> Yes.

2) If Employer A withdraws petition once approved,

Will I be Out of Status, from date from H1b is withdrwan to time new employer files H1b.

=> Once you lose your job, you are OOS. H1b revocation doesn't mean anything to you, its your employer's wish. They have paid for this.

Should i exit US on withdrawal date and come back on H4(can not come on F1 as its not stamped)

 

Thanks,

[ashising]

CPT with employer A,B...what is this?? Do you exactly know what CPT is??

No doubt that you have abused CPT, you killed your career in US. You might get H1 but this CPT abuse will be on your immigration record.

 

BTW, is this about you or your wife?? Your post is not clear.

 

thats for wife.

By the way, this Curriculum Practical Training is approved by Sevis and USCIS. The Training is 100% related to course.

 

 

[rahul412]

Your wife started CPT after 3 months of her program. In real world that's not possible.

Please go through the forum to understand more about CPT, I don't think your wife's CPT is legitimate.

BTW, for CPT you don't need USCIS approval.