H1 B Revoked


svellanki

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I got my H4 to H1 conversion on Mar 2013 which is valid till Sep 2015. Due to personal reasons, I have not started working. My employer revoked my H1 on Mar5th 2014 without prior notice. I have my H1B Original with me with I-94 valid till sep 2015. My H4 has expired on Feb 22nd 2014. My Husband's H1B extension has been filed. Waiting for approval. Here are my questions:-

 

What is the next best step to take?

 

Do I need to go to India for Visa stamping?? 

 

Can I get a job and ask my new employer to file new H1B in cap excempt??

 

If we can file, do we need to file before April 2014 or on April 1st 2014??

 

Please share your suggestions and thoughts??

 

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I got my H4 to H1 conversion on Mar 2013 which is valid till Sep 2015. Due to personal reasons, I have not started working. My employer revoked my H1 on Mar5th 2014 without prior notice. I have my H1B Original with me with I-94 valid till sep 2015. My H4 has expired on Feb 22nd 2014. My Husband's H1B extension has been filed. Waiting for approval. Here are my questions:-

 

What is the next best step to take?

 

Do I need to go to India for Visa stamping?? 

 

Can I get a job and ask my new employer to file new H1B in cap excempt??

 

If we can file, do we need to file before April 2014 or on April 1st 2014??

 

Please share your suggestions and thoughts??

If your COS to H1B was approved as COS and you have not joined employer and paid then you are out of status. You cannot file a COS to H4. You need to exit US and enter with a H4 visa. Even if a new employer applies for a cap exempt H1B petition you would need H1B pay stubs to show that you maintained H1B status. Since you do not have one you would get an RFE and H1B might get approved as consular processing. A cap exempt H1B petition can be filed anytime.

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