H1B revoked before it started. Can I transfer ?

[ash622]

Hi,

I was employed with a company on OPT and my H1 was approved to begin from October 1st 2013 but unfortunately my employment was terminated in August 2013 and the H1B has been revoked. Fortunately, I was on OPT at that time and my OPT was valid until November 2013. As I did not find a job in that time frame converted to H4.

I checked my case status in USCIS website today but get the message that case cannot be found at this time. So,this concerns me. I want to start working and am curious to know If the H1B tranfer can be filed now based on my previous petition? If not, does a new petition have to be filed on my behalf this year?

Please advise.

[jairichi]

Hi,

I was employed with a company on OPT and my H1 was approved to begin from October 1st 2013 but unfortunately my employment was terminated in August 2013 and the H1B has been revoked. Fortunately, I was on OPT at that time and my OPT was valid until November 2013. As I did not find a job in that time frame converted to H4.

I checked my case status in USCIS website today but get the message that case cannot be found at this time. So,this concerns me. I want to start working and am curious to know If the H1B tranfer can be filed now based on my previous petition? If not, does a new petition have to be filed on my behalf this year?

Please advise.

A new employer can file a cap exempt H1B petition based on previously approved cap subject H1B petition.

[controls]

Hey Mavs 

 

I am in similar situation. One of the attorneys said i was not cap exempt because h1b was never activated . I am confused now do you have any further updates ?

[jairichi]

Hey Mavs 

 

I am in similar situation. One of the attorneys said i was not cap exempt because h1b was never activated . I am confused now do you have any further updates ?

If it was approved and you never used it you are still cap exempt.