what happens if approved H1b after COS not used?

[vipul4group]

Hi,

My H1b petition - With COS (from L1) is in USCIS for processing.

Consider that it is approved by 07/30/2012.

Now my questions :-

1) Can I look for other companise who can transfer my H1 and I can start working for them directly from Oct-1?


2) If I have to go back to India on Sep-30-2012. How it will work?

Is my H1b visa valid? Can I come back on H1b in future using this approved petition?

Thanks for all your help!

-Vipul

[kabkaba]

Hi,

My H1b petition - With COS (from L1) is in USCIS for processing.

Consider that it is approved by 07/30/2012.

Now my questions :-

1) Can I look for other companise who can transfer my H1 and I can start working for them directly from Oct-1?
Yes, but they will need to file cap-exempt petition (transfer) for you first. Also remember that after Oct 1 you must work for the H1 sponsor.

2) If I have to go back to India on Sep-30-2012. How it will work?

Is my H1b visa valid? Can I come back on H1b in future using this approved petition?

You can obtain the H1 Visa using the current petition and return to work for the current employer. Or another employer can file a cap-exempt petition for you and you can obtain the Visa using their petition to return and work for them.

Thanks for all your help!

-Vipul

See above

[shervin143]

1) Can I look for other companise who can transfer my H1 and I can start working for them directly from Oct-1?
>>> Yes.

2) If I have to go back to India on Sep-30-2012. How it will work?
>>> Get the H1B visa stamped and return back using the petition of the employer whom you will be working in U.S.

Is my H1b visa valid? Can I come back on H1b in future using this approved petition?
>>> Only of the job exist with the H1B sponsor. You cannot enter U.S without a job. If you use employer A's petition to enter U.S, then you should be working for them to maintain the H1B status. Any time spend in U.S without a payslip will be considered as out of status period in H1B.

[vipul4group]

Thank you very much Kabkaba and shervin143.
I need little more information.

1) Can you let me know the process?
Does Cap-exempt petition from other employer needs to be approved by Oct-1?

Or

I can work while cap-exempt petition is under processing?

2) If I will go to India without activating my h1-b;
same or other employer can use this approved petition for file another cap-exempt petition?

In some thread; someone mentioned that if H1b is not activated. It is abandoned.
Can you confirm?


Thanks,
Vipul

[shervin143]

1) Can you let me know the process?
Does Cap-exempt petition from other employer needs to be approved by Oct-1?
>>> Not required. But it is advisable to start working for the new employer only after the transfer is successful. If the transfer is denied and if you have already started working for the employer, then you will be in trouble and may have to leave the country immediately.

Or

I can work while cap-exempt petition is under processing?
>>> You can work while it is under process as long as the first H1B petition gets approved with a new I-94. But you can start working only after Oct 1st (after your status changes to H1B).

2) If I will go to India without activating my h1-b;
same or other employer can use this approved petition for file another cap-exempt petition?
>>> Yes.

In some thread; someone mentioned that if H1b is not activated. It is abandoned.
Can you confirm?
>>> That is not true. The CAP will remain yours even if the petition gets revoked by the employer.

[vipul4group]

1) Can you let me know the process?
Does Cap-exempt petition from other employer needs to be approved by Oct-1?
>>> Not required. But it is advisable to start working for the new employer only after the transfer is successful. If the transfer is denied and if you have already started working for the employer, then you will be in trouble and may have to leave the country immediately.

Or

I can work while cap-exempt petition is under processing?
>>> You can work while it is under process as long as the first H1B petition gets approved with a new I-94. But you can start working only after Oct 1st (after your status changes to H1B).

2) If I will go to India without activating my h1-b;
same or other employer can use this approved petition for file another cap-exempt petition?
>>> Yes.

In some thread; someone mentioned that if H1b is not activated. It is abandoned.
Can you confirm?
>>> That is not true. The CAP will remain yours even if the petition gets revoked by the employer.

Hi Shervin;

Thanks for reply.

1) Can I look for other companise who can transfer my H1 and I can start working for them directly from Oct-1?
Yes, but they will need to file cap-exempt petition (transfer) for you first. Also remember that after Oct 1 you must work for the H1 sponsor.

It will be H1b Transfer and not a cap-exempt petitio right?

Once again thanks for all help to confused desi.

-Vipul

[shervin143]

It will be H1b Transfer and not a cap-exempt petition right?
>>> They both are the same. Technically there is no such thing as "Transfer". Every petition filed will be a new H1B petition. The only difference is whether it is subjected to CAP or not. Cap-Exempt petitions filed when the candidate is inside U.S is otherwise called as transfer as it will come with a new I-94.

Hi Shervin;

Thanks for reply.

1) Can I look for other companise who can transfer my H1 and I can start working for them directly from Oct-1?
Yes, but they will need to file cap-exempt petition (transfer) for you first. Also remember that after Oct 1 you must work for the H1 sponsor.

It will be H1b Transfer and not a cap-exempt petitio right?

Once again thanks for all help to confused desi.

-Vipul

[vipul4group]

It will be H1b Transfer and not a cap-exempt petition right?
>>> They both are the same. Technically there is no such thing as "Transfer". Every petition filed will be a new H1B petition. The only difference is whether it is subjected to CAP or not. Cap-Exempt petitions filed when the candidate is inside U.S is otherwise called as transfer as it will come with a new I-94.

Thanks a lot!