H1B revoked by employer, help needed.

[hemanthpdeep]

Hi,

 

My wife and I are holding H1B visa from same company A. We both are working as consultants at client location in EVC model. However my wife is currently in India due to personal reason, I got a full time offer from company B and decided to join company B. Accordingly I put my resignation to the current company A. For this company A has terminated my wife's employment and also revoked her H1B visa, without no valid reason and prior notice.

 

My wife has approved I797A original copy, stamped H1B visa valid until 4-Mar-2015. Here our concern is, 

• shall we use current petition receipt number to file a new H1B under CAP EXEMPT through another employer?
• Will there be any time limit for filing new H1B? 

Please confirm. 

 

Thanks,

HemantPdeep

[Nash143143]

As she holds. H1 already she doesn't need to

Come under the h1 quota. It will be just a transfer of h1 onto another company. Find an employer as them to apply for new h1 based on old h1, pretty sure you will find a lot of them who can do that. Come back to states with the existing visa, with a proper client letter. Good luck. Don't worry clouds will disappear.

[jairichi]

Yes, any employer can file a cap exempt H1B petition provided she has not used her max allowed stay of 6 years in US on H1B status.

[rahul412]

 

My wife has approved I797A original copy, stamped H1B visa valid until 4-Mar-2015. Here our concern is, 

• shall we use current petition receipt number to file a new H1B under CAP EXEMPT through another employer?
• Will there be any time limit for filing new H1B? 

Please confirm.

New employer can file H1 for her at any time.

[hemanthpdeep]

New employer can file H1 for her at any time.

 

Hi Rahul, Jairachi, Nash143143,

 

Thanks a lot for providing valuable response.

 

One more thing is currently her H1B petition validaty expires on 4-Mar-2015, so if she is ready for work after the expiry date new employer can a new H1B petition with cap except. Right? 

 

She will enter USA on H4 visa and once her new petition is approved, can she start working without going for stamping? Please suggest.

 

Thanks,

HemanthPdeep

[jairichi]

Yes, an employer can file a cap exempt H1B petition anytime. But, if her employer files a cap exempt H1B petition and before approval if she travels to US on H4 then to start working after approval of H1B petition she has to exit and enter US with a valid H1B visa and I797.

To avoid stamping let her enter US on H4 visa and then later an employer can file a cap exempt H1B petition with COS. Once approved with I94 she can start working immediately without the need for stamping.

[rahul412]

One more thing is currently her H1B petition validaty expires on 4-Mar-2015, so if she is ready for work after the expiry date new employer can a new H1B petition with cap except. Right? 

 

She will enter USA on H4 visa and once her new petition is approved, can she start working without going for stamping? Please suggest.

Yes she will be cap exempt.

 

No need of new visa stamp, file COS along with H1 application.