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H1 revoke options

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  • H1 revoke options

    Hello,

    I'm working in the US on L1B visa. This is valid till Dec 09.
    I got my H1B filed in 2008 and it was approved on Oct 16 2008.
    To void the COS, I travelled to my home country and came back on L1B visa.

    I have the following questions:

    1) I'm not working on an approved H1B visa. I do not intend to work either.
    Can I ask or will the employer by himself revoke my H1 ?

    2) In future, if I want to work on H1, I know I need to have a visa stamped or apply for COS (I do not want COS. I'll get visa stamped). Can VO stamp my passport with H1 visa if my H1 was revoked by H1 employer?

    3) Can I transfer my H1 that we revoked to my current employer ? If yes, then what should I do ?

    4) Will the revoke of H1 affect my L1 visa extensions ?

    5) I know, when H1 is selected and approved, one is counted against the cap.
    Once revoked, what can an employee do ?

    Thanks.

  • #2
    1. Your employer's choice.
    2. How can you get a visa stamp on a revoked H1b petition? If you have another sponsor's H1b approval, you can.
    3. Yes. Read the FAQs. It is nothing different than applying for a new H1b proviong prior cap count. You need the copy of H1b approval or something to prove that you were cap counted.
    4. Not unless you were not maintaining valid status.
    5. What do you mean by this question? Employee can not do anything as it is employer's petition. You can just use your cap number with another employer.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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