I 140 revoked. H1 validity n portability?


dpka

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Hello there

My I 140 is revoked by my ex employer. My 6 years of h1 is over and 3 years h1 is approved. I have served for a year in the extended h1 and have 2 years of unused H1. After the one year on extended H1 I moved to India and have been here for 3 years. Now I have received an offer in the US and trying to port my H1 to the prospective new employer. The new employer s lawyers have figured out that my I 140 is revoked by my ex-employer.

Based on the above case I have few questions

1. What is the status of my h1 since my I 140 which was used to get the extension is revoked?

2. If my present h1is not valid, what will be the process to apply for new H1? Will I be eligible for cap exempt?

3. If my present h1 is valid, will I be able to port it to the new employer or is there a catch in the process?

Any kind of help would be much appreciated

Thanks in advance

Deepika

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