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H1b Cap Exempt after Withdrawal Prior to 10/1

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  • H1b Cap Exempt after Withdrawal Prior to 10/1

    Thank you for your time while you are reading this. My H1b was approved but revoked before it took effect on 10/1 last year. I am transfering it but is it subject to the quota? USCIS claims so according to the RFE but some other people does not agree with it. I am looking for supportive regulations. Please let me know if you have any advice regarding this issue. Thank you in advance.

  • #2
    Originally posted by gfwgfw View Post
    Thank you for your time while you are reading this. My H1b was approved but revoked before it took effect on 10/1 last year. I am transfering it but is it subject to the quota? USCIS claims so according to the RFE but some other people does not agree with it. I am looking for supportive regulations. Please let me know if you have any advice regarding this issue. Thank you in advance.
    What do you mean "USCIS claims so" ? What was the RFE?

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    • #3
      The RFE claims that I am subject to the quota since I did not work for the petitioner after 10/1 and my petition has been revoked.

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      • #4
        Originally posted by gfwgfw View Post
        The RFE claims that I am subject to the quota since I did not work for the petitioner after 10/1 and my petition has been revoked.
        Hi there,

        Did you respond to the RFE? what's the result?

        Thanks!

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