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H1B Revoke, Is my initial petition still valid ?

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  • H1B Revoke, Is my initial petition still valid ?

    Hello there,

    It would be real help if someone could help me with the below situation

    My H1B was approved for X company in 2015 and my 6yr cap ends in 2021. Worked for X company for 4yrs, resigned and moved to India.
    As per my initial petition my H1B validity was until 2021, After I resigned X company has revoked my petition with USCIS.

    coming to my question, Where do I currently stand ?

    Does the above scenario means, if I have to apply for H1B again from a different company, is that going to be a fresh application (going thru lottery) process ?
    Or am I exempted from lottery process as my initial petition was valid until 2021. What is the way forward and how ?

    Appreciate experts view on this. Thanks!

  • #2
    Your new employer can file a cap exempt petition on your behalf. You qualify for cap exemption since you have a balance left on your 6 yrs., and you have had a valid H1 status in the past 6 yrs.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Thanks for the reply

      So it is going to be a new application all together but qualifies as a cap exempt. Validity will be remaining years in total 6yrs...correct ?

      Comment


      • #4
        Originally posted by Reddy77 View Post
        Thanks for the reply

        So it is going to be a new application all together but qualifies as a cap exempt. Validity will be remaining years in total 6yrs...correct ?
        Yes.
        Just an opinion; Not legal advice.

        Comment

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