H1B approved and H1B transfer initiated

[jitesh]

Hi All
I just want to the above this situation. Even though its not applicable for me but just curious to know.

Suppose a candidate on H4 and applied new H1B (A) with COS. After approving H1B (lets say before october), H1B transfer(B) initiated (after october, which means currently on H1B status). For some reason H1B transfer(B) denied and the main H1B(A) withdrawn the H1B petetion. Still the the person is in cap exempt?

--Jitesh

[shervin143]

No. You will loose the H1B CAP if the employer who filed the H1B under a brand new CAP withdraws the application before Oct 1st.

[jitesh]

H1B approved and H1B transfer initiated

No. You will loose the H1B CAP if the employer who filed the H1B under a brand new CAP withdraws the application before Oct 1st.

Thank you!

What if the employer withdraws after october 1st? Assuming person is on H1B status for few days with the new employer

--Jitesth

[shervin143]

In that case you are cap counted. If USCIS asks you to prove that you maintained your H1B status while transferring your H1B, then you should be able to provide it.

Thank you!

What if the employer withdraws after october 1st? Assuming person is on H1B status for few days with the new employer

--Jitesth