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Withdrawing H1B after October 1

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  • Withdrawing H1B after October 1

    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 The petition hasn't been withdrawn yet.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

  • #2
    1. Cannot be done. You have to work for them.
    2. That's fine, since you left and returned.
    3. Withdrawal is irrelevant. You cannot be cap-exempt unless you actually work in H1B status.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      1. Cannot be done. You have to work for them.
      2. That's fine, since you left and returned.
      3. Withdrawal is irrelevant. You cannot be cap-exempt unless you actually work in H1B status.
      Thanks for the reply. Can you give me the link to the memo if you have it with you?

      Thanks,
      Indika

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