Retaining H1B and Cap exempt on reapply


ramakra

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Hi, 
I am currently working on L1B VISA(first term, July 2012 - Jul 2015). My company applied for my H1B(2014 - 2017) and it was approved in lottery this year. I have opted for Consular processing and I have not yet got it stamped or have booked an appointment for stamping.

Now, I have got an opportunity to work for a different company in a different country(Australia) and I would like to come back in H1B to the same company or a different company without going through the cap/quota restrictions in future just in case. Is this possible ? What are the outcomes in the below circumstances. I understand that if I go to a different company, then my VISA needs to be re-applied with USCIS. All I am interested is NOT to go through cap/quota restrictions. 

 

1. My company chooses _NOT_ to revoke/cancel it. Can I use the unstamped H1B to come back to same company/ different company without cap restrictions?

 

2. If my H1B VISA is revoked/cancelled before stamping, do I still get to come back before 2017(my VISA expiry) without cap restrictions?

 

3. If get my VISA stamped(from consulate) before Oct 2014 and work for a while in H1B and then quit. Does it increase the chance of me getting a H1B approved in future without cap/quota restrictions?

 

4. I understand that I can change from 'Consular notification' to 'Change of Status' and can start working in H1B without stamping it. Does this option have the same outcome as #3 or is it different?

 

Thanks a lot for your help!

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