H1b got Cancel without prejudice, what next can be done ?

[kundans83]

Hi All,

My H1b got cancel without prejudice which was valid till sept, 2015.

I havn't travel to US on the same h1 visa.

Please let me know what can be done.

Is it possible if another US company apply/transfer the cancelled visa as what i come to know from different forums that H1 petition is still valid and

cap exempt ?

I have orignal approved I-797B form which i received from ambessay with my cancelled H1b. is there any other document required/needed to file a new/transfer a visa.

Please help as i don't want to lose my h1 visa.

Thanks

[rahul412]

Hi All,

My H1b got cancel without prejudice which was valid till sept, 2015.

I havn't travel to US on the same h1 visa.

Please let me know what can be done.

You mean to say that your visa rejected during the interview??

Is it possible if another US company apply/transfer the cancelled visa as what i come to know from different forums that H1 petition is still valid and

cap exempt ?

Yes you can transfer to another employer and it will be cap exempt.

[JoeF]

Visa and petition are two different things.

Another employer can file an H1 petition for you at any time.

When the petition is approved, you would have to get a new H1 visa.

[0407]

JoeF, rahul412, I have a related question. Some people say that you are cap exempted as long

as there is at least one approved petition on the file. Does it mean that say someone had approved

H1B which later got withdrawn by the employer and if this were the only H1B petition he ever had,

he is no longer cap counted?

[rahul412]

JoeF, rahul412, I have a related question. Some people say that you are cap exempted as long

as there is at least one approved petition on the file. Does it mean that say someone had approved

H1B which later got withdrawn by the employer and if this were the only H1B petition he ever had,

he is no longer cap counted?

Yes, that's correct

[kundans83]

Thanks for the replys

[0407]

Yes, that's correct

Are you sure? There are other threads in the forum where they say that once you are cap counted

you are cap counted for next six years

[rahul412]

Are you sure? There are other threads in the forum where they say that once you are cap counted

you are cap counted for next six years

Once the petition has been approved you are cap exempt for next approval.

[0407]

Hi rahul412,

So in essence once H1B is approved say in 2012, person is exempt from cap for

next six years (essentially forever because you can take reminder option even if you stay out of US

for more than a year) even if this approved H1B is later withdrawn by the employer

and even if this is the only H1B ever approved for the beneficiery.

Correct?

[rahul412]

Hi rahul412,

So in essence once H1B is approved say in 2012, person is exempt from cap for

next six years (essentially forever because you can take reminder option even if you stay out of US

for more than a year) even if this approved H1B is later withdrawn by the employer

and even if this is the only H1B ever approved for the beneficiery.

Correct?

I don't know who it works in case of withdrawn H1. But once a petition is approve, he is cap exempt.