Approved H1B 2014,Stem Extension(OPT) till Nov 2013,Laid off on 27th September.

[karan789]

Hello all,

 

I have a unique situation where i was hoping to get some inputs on my next steps.

 

I have an approved H1B for 2014. I also have a STEM Extension till November 2013.I was laid off on 27th September and the company sent out the H1B withdrawal petition on 24th September.The USCIS has not got back to that withdrawal petition request yet.

 

I have found another employer who has begun the LCA step and hoping to send the transfer H1B petition (new petition) to USCIS by the 1st week of Oct.

 

My questions were

 

1) If the USCIS gets back to my current company acknowledging the H1B withdrawal by Monday,30 Sept, then I would be back on the F1  status on Oct 1. Can my new employer then file a new H1B petition this time under the cap exempt category because i already made it through the H1B cap quota for 2014? I had given them the H1B approval receipt.

 

2) If the USCIS doesnt get back by Monday 30 Sept, and gets back later somewhere in the 1st week of october but by then if the new employer has already sent out a petition for the H1B transfer would this create any issues with the new petition?

 

3) Regardless of any scenario, if the USCIS gets back at any time and my F1 status has been restored,and if i want to get into the H1B status for 2014 and  i find any new employer willing to file a new H1B petition would i be eligible for the 'cap exempt' category since i already made it to the H1B cap quota for 2014? 

 

Thanks and any input would be greatly appreciated on this.

[jairichi]

 

Hello all,

 

I have a unique situation where i was hoping to get some inputs on my next steps.

 

I have an approved H1B for 2014. I also have a STEM Extension till November 2013.I was laid off on 27th September and the company sent out the H1B withdrawal petition on 24th September.The USCIS has not got back to that withdrawal petition request yet.

 

I have found another employer who has begun the LCA step and hoping to send the transfer H1B petition (new petition) to USCIS by the 1st week of Oct.

 

My questions were

 

1) If the USCIS gets back to my current company acknowledging the H1B withdrawal by Monday,30 Sept, then I would be back on the F1  status on Oct 1. Can my new employer then file a new H1B petition this time under the cap exempt category because i already made it through the H1B cap quota for 2014? I had given them the H1B approval receipt.

 

2) If the USCIS doesnt get back by Monday 30 Sept, and gets back later somewhere in the 1st week of october but by then if the new employer has already sent out a petition for the H1B transfer would this create any issues with the new petition?

 

3) Regardless of any scenario, if the USCIS gets back at any time and my F1 status has been restored,and if i want to get into the H1B status for 2014 and  i find any new employer willing to file a new H1B petition would i be eligible for the 'cap exempt' category since i already made it to the H1B cap quota for 2014? 

 

Thanks and any input would be greatly appreciated on this.

 

1. You do not switch back to F1 if your H1B petition was approved as change of status and your SEVIS and I20 had got updated. Check with your DSO. Yes, you will be cap exempt as you are already counted against cap.

2. As long a cap exempt H1B petition is filed by new employer you should be fine.

3. Yes.

[0407]

Talk to an immigration attorney. Good one at that. Don't depend on the forum to give you accurate guidance on this.

What you have is a tricky situation. Spend 200$ and make your life peaceful