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H4 to H1b COS if previously on H1b

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  • H4 to H1b COS if previously on H1b

    Hi,

    this is the scenario:

    I had been on H1B status for over 3 years in the past. The most recent approved H1B validity was Jul 2014 to Jul 2017.

    I entered US on H4 since my husband was in US and want to now start working.

    Please let me know if:
    . Does the new petitioner/employer need to do H1 transfer
    . Do I need to apply COS from H4 to H1
    . Both

    I read few places of being CAP/lottery exempt since I was on H1 status recently or since held approved H1B.

    My question is: Does my approved H1B help in COS from H4 to H1 and how.

    Please advise..

    Thank you!

  • #2
    Originally posted by riti View Post
    Hi,

    this is the scenario:

    I had been on H1B status for over 3 years in the past. The most recent approved H1B validity was Jul 2014 to Jul 2017.

    I entered US on H4 since my husband was in US and want to now start working.

    Please let me know if:
    . Does the new petitioner/employer need to do H1 transfer
    . Do I need to apply COS from H4 to H1
    . Both

    I read few places of being CAP/lottery exempt since I was on H1 status recently or since held approved H1B.

    My question is: Does my approved H1B help in COS from H4 to H1 and how.

    Please advise..

    Thank you!
    Your approved H1 helps in you being cap exempt, nothing more nothing less. The new employer would file a H1 cap exempt petition as Change of Status from H4 to H1. Once this petition is approved you can start working and should work and get paid to maintain valid H1 status.

    This is my opinion not legal advice.

    Comment


    • #3
      thanks for the info, but a doubt

      Originally posted by raghvi View Post
      Your approved H1 helps in you being cap exempt, nothing more nothing less. The new employer would file a H1 cap exempt petition as Change of Status from H4 to H1.
      Thanks Raghvi,
      So I understand that since I had an approved petition I am cap exempt. But I missed to mention that the previous employer/petitioner has cancelled the visa/petition since I left that job. Does this change the CAP exempt eligibility?

      Also Is the cap exempt H1b with COS application process different from H1B transfer for the petitioner. Meaning, while looking for a job how do I explain the petitioner regarding my H1B eligilibilty in short? or do I just say I need an H1 Transfer?

      Thanks again for your response! appreciate it!

      Comment


      • #4
        Originally posted by riti View Post
        Thanks Raghvi,
        So I understand that since I had an approved petition I am cap exempt. But I missed to mention that the previous employer/petitioner has cancelled the visa/petition since I left that job. Does this change the CAP exempt eligibility?

        Also Is the cap exempt H1b with COS application process different from H1B transfer for the petitioner. Meaning, while looking for a job how do I explain the petitioner regarding my H1B eligilibilty in short? or do I just say I need an H1 Transfer?

        Thanks again for your response! appreciate it!
        It does not matter even if previous employer cancelled the petition, as long as USCIS did not revoke it, and you have the receipt number or preferably a copy of the approved petition, the next employer should be able to file your H1 as cap exempt.

        Technically there is nothing called a "H1 transfer". H1B with COS is what your employer would be filing. Generally if you tell the next employer that you have a approved H1 petition in last 6 years, and that they need to file a cap exempt petition, they should be able to understand, provided they do deal with H1 cases. Most of the large employers do, but small time employers may not be as Immigration Savvy.

        This is my opinion not legal advice.

        Comment

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