cherryp Posted October 7, 2015 Report Share Posted October 7, 2015 I moved from employer A to employer B in mid April 2015. Employer A filed h1b and it was picked up in lottery. Got a receipt number. As I changed employer, my h1b cancellation was initiated by employer A in June 2015. My STEM OPT is till december 2015. I asked my employer B to apply for a new H1B with the receipt number from employer A, but the lawyer said it can't be done as the cancellation request was sent by employer A. Now I got a message from my university asking me to upload my h1b copy as my status was changed on October 1st it seems. I am no longer on OPT according to my university. I am in dilemma as I don't have a status now - no h1b with employer B and no OPT. Can you please suggest me - can my employer B file a new H1B now claiming me to be under CAP exempt using the employer A receipt number ? Link to comment
jairichi Posted October 7, 2015 Report Share Posted October 7, 2015 Since the petition was revoked before Oct you are not cap counted. You need to apply again next year & go through lottery. Link to comment
cherryp Posted October 7, 2015 Author Report Share Posted October 7, 2015 Since the petition was revoked before Oct you are not cap counted. You need to apply again next year & go through lottery. Thanks for the reply. Can I reactivate my STEM OPT now? I am confused about my legal status now - my university says I am on H1B and my employer says they cant file a H1B. Link to comment
cherryp Posted October 7, 2015 Author Report Share Posted October 7, 2015 Since the petition was revoked before Oct you are not cap counted. You need to apply again next year & go through lottery. Also the petition is not cancelled completely.. it is in pending state. Will this be of any help? Link to comment
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