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harishkrishnan412

Approved H1B Revoked - Cap Exempt -Pls advise?

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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

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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...

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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.

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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?

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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.

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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?

 

 

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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.

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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.

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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.

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