Raunit Posted January 16, 2013 Report Posted January 16, 2013 Hi I am currently in India, and my h1b was approved in Aug 2012- 2015. Even before I went to h1b stamping, my employer revoked my h1b - for his own reasons that he didnt tell. Now I still have a valid h4, my query is that if I travel back on h4 to us, can I still apply a CoS from h4-h1 and start working once it is approved, and will this COS application be cap exempted or not keeping in mind that my old approved h1b is now revoked? Can I still use that approval ( ihave approval copy) notice to file for a CoS under cap exempt? REally appreciate your response in this regards. Thanks
rangadu Posted January 19, 2013 Report Posted January 19, 2013 Revocation will not affect your cap exempt status. When you apply for a H1 with a new employer, you are cap exempt based on your old approval.
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