Hello,
I am on F1 visa right now. The h1b petition that my previous employer applied for got picked up from the lottery and activated on October 1st while I was on F1. I left the country and came back on F1 Visa again on the 11th. I was out of status from October 1st - October 11th. The H1B was filed as a COS. The petition hasn't been withdrawn yet.
1) If another company wants to apply for my h1b now, can they do a cap-exempt filing? (I don't have pay stubs from my previous employer since I didn't work for them on October 1st. )
2) Could this raise an issue since I don't have paychecks and I was out of status for 10days?
3) What if my previous employer withdraws the petition now? Can any other company file an H1B transfer under the cap?
Thanks,
Indika
I am on F1 visa right now. The h1b petition that my previous employer applied for got picked up from the lottery and activated on October 1st while I was on F1. I left the country and came back on F1 Visa again on the 11th. I was out of status from October 1st - October 11th. The H1B was filed as a COS. The petition hasn't been withdrawn yet.
1) If another company wants to apply for my h1b now, can they do a cap-exempt filing? (I don't have pay stubs from my previous employer since I didn't work for them on October 1st. )
2) Could this raise an issue since I don't have paychecks and I was out of status for 10days?
3) What if my previous employer withdraws the petition now? Can any other company file an H1B transfer under the cap?
Thanks,
Indika
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