abyss Posted August 21, 2013 Report Share Posted August 21, 2013 Hi, I have a MS degree from US. My employer filed for my H1B in April 2012, which was approved and I received my I797 notice of approval. I had to change my job and withdraw my H1B in May, 2012 (before COS). I then went on my 17-month STEM OPT (F1). Now, my current employer (cap-exempt) filed for my H1B, which was approved again. Am I cap exempt (for 6 years)? If I accept a for-profit position (in future) and the employer files for my H1B, do I have to apply under quota again? Thanks! Link to comment
jairichi Posted August 21, 2013 Report Share Posted August 21, 2013 You are cap exempted Link to comment
abyss Posted August 21, 2013 Author Report Share Posted August 21, 2013 Thanks for your reply!!! Just to confirm - If I accept a for-profit position (in future) and the employer files for my H1B, do I have to apply under quota again? Link to comment
jairichi Posted August 21, 2013 Report Share Posted August 21, 2013 Thanks for your reply!!! Just to confirm - If I accept a for-profit position (in future) and the employer files for my H1B, do I have to apply under quota again? Let us make it clear. Your employer filed a H1B petition in April 2012 and it got approved (you received a I797 approval notice). But, what do you mean by saying withdrawal of H1B in May 2012? Was withdrawal done after approval? Link to comment
jairichi Posted August 21, 2013 Report Share Posted August 21, 2013 Thanks for your reply!!! Just to confirm - If I accept a for-profit position (in future) and the employer files for my H1B, do I have to apply under quota again? You do not need to file under quota again for a max period of 6 years on H1B. Link to comment
abyss Posted August 21, 2013 Author Report Share Posted August 21, 2013 Let us make it clear. Your employer filed a H1B petition in April 2012 and it got approved (you received a I797 approval notice). But, what do you mean by saying withdrawal of H1B in May 2012? Was withdrawal done after approval? Yes, withdrawal was done after approval (I also have the USCIS I797 approval notice)... Link to comment
abyss Posted August 21, 2013 Author Report Share Posted August 21, 2013 Let us make it clear. Your employer filed a H1B petition in April 2012 and it got approved (you received a I797 approval notice). But, what do you mean by saying withdrawal of H1B in May 2012? Was withdrawal done after approval? Yes, H1B was withdrawn after approval... I also have the I797 approval notice. I never went on H1B status though in 2012. Link to comment
jairichi Posted August 21, 2013 Report Share Posted August 21, 2013 Yes, H1B was withdrawn after approval... I also have the I797 approval notice. I never went on H1B status though in 2012. You are fine then. You need not file under quota for a max of 6 years on H1B whether for profit or non-profit Link to comment
abyss Posted August 22, 2013 Author Report Share Posted August 22, 2013 Thanks for your reply jairichi... If I join a for-profit company, and my employer files my H1B - will I need to wait 6 months before I can join them? Link to comment
jairichi Posted August 23, 2013 Report Share Posted August 23, 2013 Thanks for your reply jairichi... If I join a for-profit company, and my employer files my H1B - will I need to wait 6 months before I can join them? Nope, since you are cap exempted you can join upon approval of your petition Link to comment
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