mohitmcm Posted October 19, 2015 Report Share Posted October 19, 2015 I am in US since 2011 on L1-B Visa. My same employer applied for H1B in 2014 and it got approved but they revoked it just before Oct 1st because they want me to continue on L1B only. i am reaching my max out period of 5 year in 04/2016 Now my same employer is planning to apply for H1B as Cap-Exempt. I am hearing many stories that if H1B is revoked before Oct 1st and you never been in H1B status then you won't be counted under the cap. Please Advise - will i be rally Cap-Exempt? Link to comment
JoeF Posted October 19, 2015 Report Share Posted October 19, 2015 No, you are not cap-exempt. With the revocation before Oct. 1, the H1 is gone. See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ The employer can file in next year's quota again. Link to comment
jairichi Posted October 19, 2015 Report Share Posted October 19, 2015 You are not cap counted as your H1B petition was revoked before Oct 1st. You need to go under cap again. Link to comment
indikapath Posted October 20, 2015 Report Share Posted October 20, 2015 You are not cap counted as your H1B petition was revoked before Oct 1st. You need to go under cap again. What if it was revoked after October 1st? Link to comment
jairichi Posted October 21, 2015 Report Share Posted October 21, 2015 What if it was revoked after October 1st? If you have not joined H1B employer by then still you will not be cap counted. Check with an attorney. Link to comment
JoeF Posted October 21, 2015 Report Share Posted October 21, 2015 What if it was revoked after October 1st? If it was a COS, then the person would have started working for the H1 employer. Then a transfer is possible. If it was an H1 with consular notification, then the person would have had to get an H1 visa and enter with that visa to start working for the H1 employer. So, the main thing is: the person has to start working with the H1 employer. Only then is the person counted for the quota, and an H1 transfer is possible. Link to comment
indikapath Posted October 27, 2015 Report Share Posted October 27, 2015 If you have not joined H1B employer by then still you will not be cap counted. Check with an attorney. Thanks for the reply. Is this a new rule? Do you know of anyone whose petition got rejected because of this issue? And Do you know of anyone who was received an RFE and had success getting it approved? Thanks.. Link to comment
jairichi Posted October 27, 2015 Report Share Posted October 27, 2015 Thanks for the reply. Is this a new rule? Do you know of anyone whose petition got rejected because of this issue? And Do you know of anyone who was received an RFE and had success getting it approved? Thanks.. Did you check the link provided by JoeF? Link to comment
JoeF Posted October 27, 2015 Report Share Posted October 27, 2015 Thanks for the reply. Is this a new rule? Do you know of anyone whose petition got rejected because of this issue? And Do you know of anyone who was received an RFE and had success getting it approved? Thanks.. Yes, it is a new rule, since 2014: http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ Link to comment
indikapath Posted November 3, 2015 Report Share Posted November 3, 2015 Yes, it is a new rule, since 2014: http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ Hello JoeF/ Jairichi, What do you think about this? http://www.******************.com/******** This seems exactly like my case. Thanks! Link to comment
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