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Urgent------- H1B transfer

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  • Urgent------- H1B transfer

    Hi

    Employer 1 had revoked my H1 after a month of leaving the company so the current status is REVOKED.
    I had come to India after leaving 1st employer, Now when I asked employer 2 in India to file a H1 under cap Exempt category , they are saying that since your H1B status is revoked the H1B(under cap exempt) cannot be filed.

    I have gone through many forums but didn't get any concrete answer.

    Question---- Can they file H1 B under cap exempt or not?

    Thanks In Advance!

  • #2
    Originally posted by shinujack View Post
    Hi

    Employer 1 had revoked my H1 after a month of leaving the company so the current status is REVOKED.
    I had come to India after leaving 1st employer, Now when I asked employer 2 in India to file a H1 under cap Exempt category , they are saying that since your H1B status is revoked the H1B(under cap exempt) cannot be filed.

    I have gone through many forums but didn't get any concrete answer.

    Question---- Can they file H1 B under cap exempt or not?

    Thanks In Advance!
    They can file the Cap Exempt petition for you. This is very common.
    This is just my opinion, not a legal advice.

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