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H1 Reinitiation

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  • H1 Reinitiation


    I got my H1 approved in Oct'2008 and due to personal reasons I didn't utilize it and converted back to H4 in June'09. Now I am on H4 EAD and because of the delays in H4 extensions and H4EAD approvals I want to revoke my previously approved H1. Can this be cap exempted and revoked?

  • #2

    I'm working for a hospital on cap-exempt H1B from April, 2018. A consulting firm applied H1B in the lottery and it got picked and approved. I have the soft copy of cap H1B approved I797 petition. It is approved from October 1, 2020 to September 30, 2021. Can I transfer the cap approved H1B petition to another private company after October 1, 2020 without working for the consulting firm who applied it even after the is expired i.e. September 30, 2021?

    Thanks in advance


    • #3
      Hello There! Yes it is cap exempt. You can revoke it or get it transferred to a new H1 employer's name.

      Mine was a similar case. In 2003, I got my H1 stamped through my then employer but was never put to use, what I meant was - I have neither travelled nor worked in US using that H1. Infact at a later date when I went for B1 stamping with a different company in Kolkata, India; the visa officer cancelled that H1 without prejudice mainly to indicate that I can have only one visa B1 but cannot have H1 as I was no more with my past employer.

      In 2015, my US employer could get my 2003 visa transferred on their company name and ever since I have been working here in US.

      All the best!


      • #4
        Hi Vani,

        I had my approved petition on 2013. It got expired without stamping. Still I applied for Cap Exempt, got it approved and working in US. Please consult with your attorney, he will definitely help filing in cap exempt category.

        Lakshmi C