H1B Cap Exempt Eligibility


d128128

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Hi,

 

I got my H1B approved in 2013 and also have a valid US Valid until next year . I was supposed to travel this year begining but due to some family issues was not able to travel , as a result Employer who sponsered my H1 revoked it.  I am planning to come back as my family issues are settled , Can you please help to tell

 

  1. Am I eligible for Cap Exempt H1B
  2. Do I have to go to Visa Stamping again ?
  3. Will the revoke by employer will have any impact on new H1B approval ?

Thanks in Advance

Krishna

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Unless you have been issued a visa abroad, or given change of status to H1B in the U.S., you are subject to the cap. In your case, H1b visa was issued, hence you are cap exempt. Now that your employer has revoked the underlying H1b petition, that visa is not valid anymore to travel. You need to find another employer willing to submit H1b petition for you. Once approved, you would need to get H1b visa stamped and then travel to US.
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Unless you have been issued a visa abroad, or given change of status to H1B in the U.S., you are subject to the cap. In your case, H1b visa was issued, hence you are cap exempt. Now that your employer has revoked the underlying H1b petition, that visa is not valid anymore to travel. You need to find another employer willing to submit H1b petition for you. Once approved, you would need to get H1b visa stamped and then travel to US.

 

Visa stands valid but not the petition. OP can travel with same valid visa and new employer's I797.

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