H4 to H1 COS while appeal pending

[vd9911]

Hello,

I need some help with my current visa situation. I am currently on H4 (no EAD) and in the process of interviewing with companies. My previous employer had filed an H-1B in April 2018 (while I was on F-1 STEM OPT) which was denied in December 2018 and is currently pending with the appeals office.

I wanted to know if a new employer wants to file a H4-H1B COS petition on my behalf would that need to be filed as a cap subject petition? I read on one of the portals that H4 visa holders who applied for an H1B visa in the past and were selected in the H1B visa lottery are exempt from H1B cap. Is this valid only for approved H-1B petitions? Also, would the position start date have to be October?

Thanks for your help!

[shekar11#]

On 12/11/2019 at 12:44 PM, vd9911 said:

Hello,

I need some help with my current visa situation. I am currently on H4 (no EAD) and in the process of interviewing with companies. My previous employer had filed an H-1B in April 2018 (while I was on F-1 STEM OPT) which was denied in December 2018 and is currently pending with the appeals office.

I wanted to know if a new employer wants to file a H4-H1B COS petition on my behalf would that need to be filed as a cap subject petition? I read on one of the portals that H4 visa holders who applied for an H1B visa in the past and were selected in the H1B visa lottery are exempt from H1B cap. Is this valid only for approved H-1B petitions? Also, would the position start date have to be October?

Thanks for your help!

It is valid only for approved petitions. Not for pending cases.