H1B Quota -Cap Case

[Ramanathan.Seattle]

I entered US in H4 Jan 2013 and I applied for H1B visa within US and my H1b got approved with COS, I didn't work for employer who filed my H1b visa...So decided to exit US and I entered in H4 visa, After entering

US I found a Job and employer is ready to transfer h1b. Can I use the Same H1B receipt to file my h1b or I need to wait until April 2014 to file a new H1B Petition subject to Cap,  My question is since I didn't start employment on that h1b whether am I cap-exempt Also the employer has revoked my h1b now ? Does this will have any impact on my case?

 

Thanks

 

 

[jairichi]

I entered US in H4 Jan 2013 and I applied for H1B visa within US and my H1b got approved with COS, I didn't work for employer who filed my H1b visa...So decided to exit US and I entered in H4 visa, After entering

US I found a Job and employer is ready to transfer h1b. Can I use the Same H1B receipt to file my h1b or I need to wait until April 2014 to file a new H1B Petition subject to Cap,  My question is since I didn't start employment on that h1b whether am I cap-exempt Also the employer has revoked my h1b now ? Does this will have any impact on my case?

 

Thanks

You are cap exempt. A new employer can file a cap exempt H1B petition anytime and on approval you can begin to work.

By law your old employer has to revoke your H1B petition and this will have no effect on future H1B petitions filed by prospective employers.

[rajuone]

Jairichi, Thanks for your reply.

 

I am also in same boat as Ramanathan. I was told that if current H1B employer revokes the petition and as Ramanathan has not worked on this H1B, it will not be counted. So, next H1B will not be cap exempt. 

 

Can you please clarify.

[jairichi]

Jairichi, Thanks for your reply.

 

I am also in same boat as Ramanathan. I was told that if current H1B employer revokes the petition and as Ramanathan has not worked on this H1B, it will not be counted. So, next H1B will not be cap exempt. 

 

Can you please clarify.

Nope. If your H1B petition is approved under cap once you are cap exempt whether you join the employer or not.

[JoeF]

Jairichi, Thanks for your reply.

 

I am also in same boat as Ramanathan. I was told that if current H1B employer revokes the petition and as Ramanathan has not worked on this H1B, it will not be counted. So, next H1B will not be cap exempt. 

 

Can you please clarify.

You were told wrong.

Don't listen to rumors.

[rgaribe]

_Hello,

 

_{I have some basic query regarding Cap Exempt.}

_{My H1B Petition was approved in FY12 and petiotioin was valid till Sep 2013, unfortunately i have not got any assignment from current project till Sep 2013.}

_{Here my queries:}

 

_{1. Is my petitiion is expired now and i need to go for new H1B filling process}

_{2. If answer for point 1 is "NO" then am i eligible to get stamp on same petition through Cap Exempt process, till how long time i can apply for Cap Exempt if Petition is approved in FY12}

_{3. If ans for point 2 is "Yes" then what is the procedure?}

_{4. If I resign from current employer and join the new one, can new employer able to process my Stamping based on previous employer petition.}

_{5. What precaustion and data i need to gathered from previous employer in case of resignation to get it process from new employer.}

[jairichi]

_Hello,

 

_{I have some basic query regarding Cap Exempt.}

_{My H1B Petition was approved in FY12 and petiotioin was valid till Sep 2013, unfortunately i have not got any assignment from current project till Sep 2013.}

_{Here my queries:}

 

_{1. Is my petitiion is expired now and i need to go for new H1B filling process}

_{2. If answer for point 1 is "NO" then am i eligible to get stamp on same petition through Cap Exempt process, till how long time i can apply for Cap Exempt if Petition is approved in FY12}

_{3. If ans for point 2 is "Yes" then what is the procedure?}

_{4. If I resign from current employer and join the new one, can new employer able to process my Stamping based on previous employer petition.}

_{5. What precaustion and data i need to gathered from previous employer in case of resignation to get it process from new employer.}

1. Yes, your petition has expired. Employer has to file a cap exempt H1B petition.

2. Refer answer 1.

3. Refer answer 1.

4. Yes.

5. Experience letter, I797 approval notice and H1B petition documents like I129 & LCA is possible (not mandatory)