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H4-->H1 -Approved.Petition revoked.Options?

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  • H4-->H1 -Approved.Petition revoked.Options?

    Hi
    I am currently in India, and my h1b was approved in Aug 2012(for 3 years till- 2015. Even before I went to h1b stamping, my employer revoked my h1b - for his own reasons that he didnt tell.
    Now I still have a valid h4, my query is that if I travel back on h4 to USA, can I still apply a CoS from h4-h1 and start working once it is approved, and will this COS application be cap exempted or not keeping in mind that my old approved h1b is now revoked?

    Can I still use that approval ( i have approval copy) notice to file for a CoS under cap exempt?

    REally appreciate your response in this regards.

  • #2
    Yes, another employer can file cap-exempt petition for you. But they will need the approval notice or receipt notice or at minimum the receipt number for the previous petition to claim cap-exemption.
    This is my opinion and not legal advice.

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