H1B Withdraw/revoke

[ckotady]

Hi

I have few queries:

I am on H4 visa and my H1B got through the lottery (notified on 5 May, 2015). Assume my petition also gets approved.

1. If I do not want to work on H1b from Oct 2015, my employer would be withdrawing/revoking the petition. In such a case, will I be eligible to apply for CAP exempt H1b in future?

2. Does the answer of above depends upon if H1b withdrawn by my employeer was done before 1st October or after 1st October 2015?

3. Is it possible to transfer h1b immediately after approval?


Thanks.

[raghvi]

Hi

I have few queries:

I am on H4 visa and my H1B got through the lottery (notified on 5 May, 2015). Assume my petition also gets approved.

1. If I do not want to work on H1b from Oct 2015, my employer would be withdrawing/revoking the petition. In such a case, will I be eligible to apply for CAP exempt H1b in future?

2. Does the answer of above depends upon if H1b withdrawn by my employeer was done before 1st October or after 1st October 2015?

3. Is it possible to transfer h1b immediately after approval?


Thanks.

1. What if they decide not to revoke it, you basically risk going out of status if H1 was applied as COS, and you dont work for them from H1 start date. The petition, if revoked by employer, would still make you cap exempt in future.
2. No. But if USCIS revokes the petition then you would not be considered cap exempt.
3. It used to be easier earlier, but off late USCIS has started issuing RFEs as technically one is not cap exempt unless the cap has been exercised.

This is my opinion not legal advice.

[myh1bvisausa]

1. What if they decide not to revoke it, you basically risk going out of status if H1 was applied as COS, and you dont work for them from H1 start date. The petition, if revoked by employer, would still make you cap exempt in future.
2. No. But if USCIS revokes the petition then you would not be considered cap exempt.
3. It used to be easier earlier, but off late USCIS has started issuing RFEs as technically one is not cap exempt unless the cap has been exercised.

This is my opinion not legal advice.

Hi Raghvi,
What would be the answer if the applicant would have been in India.
I mean in that case since there will be no out of status. What if current employer in India is ready to Transfer the petition.?