harishkrishnan412 Posted January 5, 2015 Report Share Posted January 5, 2015 My wife entered US in H4 Visa in Jan 2013 and an employer filed her H1B COS Petition in April 2013 and the petition got approved in September 2013 with October 2013 has effective date for employment. After sometime he was not able to find job in our location and I didn't show interest to relocate to his location and then he revoked the H1B Petition in Mid November., I have an employer who is ready to sponsor job, Am I cap-exempt can I use the same old receipt or do I need to wait until 2015 April to file new petition? Thank you.. Harish Quote Link to comment
zoofi77 Posted January 5, 2015 Report Share Posted January 5, 2015 no u r not cap exempt. Since USCIS ultimately revoked the H1b because the original petition was declared defective by the Consulate and USCIS. so bad luck... Quote Link to comment
JoeF Posted January 5, 2015 Report Share Posted January 5, 2015 no u r not cap exempt. Since USCIS ultimately revoked the H1b because the original petition was declared defective by the Consulate and USCIS. so bad luck... Huh? Where did you get that from? H1 revocation doesn't matter for anything. The OP's wife is cap-exempt. Quote Link to comment
rahul412 Posted January 5, 2015 Report Share Posted January 5, 2015 My wife entered US in H4 Visa in Jan 2013 and an employer filed her H1B COS Petition in April 2013 and the petition got approved in September 2013 with October 2013 has effective date for employment. After sometime he was not able to find job in our location and I didn't show interest to relocate to his location and then he revoked the H1B Petition in Mid November., I have an employer who is ready to sponsor job, Am I cap-exempt can I use the same old receipt or do I need to wait until 2015 April to file new petition? Thank you.. Harish Your wife is cap exempt. But your wife was on H1 from Oct 1st till Mid November, so was she got paid during that time? Quote Link to comment
harishkrishnan412 Posted January 5, 2015 Author Report Share Posted January 5, 2015 Employer didn't find Job and she was not paid during that time.. Quote Link to comment
rahul412 Posted January 6, 2015 Report Share Posted January 6, 2015 Employer didn't find Job and she was not paid during that time.. No that's wrong. If her employer filed H1 for her then he has a job for her, this means your H1 was filed with fake employment. It doesn't matter whether she has a job or not, if a person is on H1 then he needs to get paid every month. If not he/she will face problems in future. Only a complaint against that employer will save you. Quote Link to comment
harishkrishnan412 Posted January 6, 2015 Author Report Share Posted January 6, 2015 He showed some in-house project and he got the approval. My wife also left to India to enter the country in H4 Status.. Only question I have here is whether we can use the same receipt to file cap exempt h1b? Quote Link to comment
rahul412 Posted January 6, 2015 Report Share Posted January 6, 2015 He showed some in-house project and he got the approval. My wife also left to India to enter the country in H4 Status.. Only question I have here is whether we can use the same receipt to file cap exempt h1b? Yes,she is cap exempt. But was she on H1 before entering on H4? If so then she needs H1 pay stubs for H1 approval. Quote Link to comment
jairichi Posted January 6, 2015 Report Share Posted January 6, 2015 He showed some in-house project and he got the approval. My wife also left to India to enter the country in H4 Status.. Only question I have here is whether we can use the same receipt to file cap exempt h1b? She is cap exempt. Quote Link to comment
Karteekdavid Posted April 7, 2018 Report Share Posted April 7, 2018 (edited) I need advise on NOIR Edited April 7, 2018 by Karteekdavid Quote Link to comment
Karteekdavid Posted April 7, 2018 Report Share Posted April 7, 2018 Hello, I’ve been on H-1B with company A and I’ve moved to Company B and currently working with Company B. I have an approved H-1B petition from Company B, with a valid I-94 and I also got my visa stamped with Company B’s petition. There was a Notice Of Intent to Revoke issued on Company A’s petition much later after I’ve moved to company B. I’m assuming there was site visit to Company A, as I was not working at Company A and they didn’t withdraw my petition from USCIS this notice was sent. USCIS hasn’t denied or revoked my petition from Company A yet, it’s still in NOIR state since past 8 months as my employer is not willing to reply to NOIR and not willing to provide me details of why there was NOIR. 1. Would my current H1-B with Company B get impacted? As It was counted as CAP Except petition based on my previous approval? Could you please let me know. Thank you. 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
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.