Leave US before H1 start can I come back?

[kithytom]

Hello all,

Here is my case:

current status: F1 OPT ending on July 19 2015
just won the lottery.. assuming H1-B approval soon, starting on October 1, 2015

and here is the info I understand:
"Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap."

so.. for some reasons, I need to go to Europe for two years, my questions are:

1. Will I able to come back one day with Cap-Exempt H1B filing?

2. If I am, can I leave US before October 1, 2015? so when the time I come back, will it be full six-year time remaining?

3. In case if the employer requested to revoke the petition after I leave, will the cap-exempt h1b filing still be valid?

Thanks in advance!

[raghvi]

Hello all,

Here is my case:

current status: F1 OPT ending on July 19 2015
just won the lottery.. assuming H1-B approval soon, starting on October 1, 2015

and here is the info I understand:
"Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap."

so.. for some reasons, I need to go to Europe for two years, my questions are:

1. Will I able to come back one day with Cap-Exempt H1B filing?

2. If I am, can I leave US before October 1, 2015? so when the time I come back, will it be full six-year time remaining?

3. In case if the employer requested to revoke the petition after I leave, will the cap-exempt h1b filing still be valid?

Thanks in advance!

1. Yes, as long as its approved.
2. Yes.
3. As long as the petition is revoked after its approval then I think it could still be considered as cap counted. How will you get petition details from the employer if they revoke it? Do you have the receipt number?

This is my opinion not legal advice.

[kithytom]

1. Yes, as long as its approved.
2. Yes.
3. As long as the petition is revoked after its approval then I think it could still be considered as cap counted. How will you get petition details from the employer if they revoke it? Do you have the receipt number?

This is my opinion not legal advice.

Do I have to have a revocation receipt number for applying a cap-exempt h1b filing in the future?

Since I already have Approval Notice (with receipt number on it of course) I guess this is all I need correct?

[raghvi]

1. I dont think you need a revocation receipt.
2. You mean to say you already in possession of I797 for 2016 Cap?

This is my opinion not legal advice.

[kithytom]

1. I dont think you need a revocation receipt.
2. You mean to say you already in possession of I797 for 2016 Cap?

This is my opinion not legal advice.

Yes I already received the I-797C. With premium processing, I assume the approval notice I-797A will be there soon in May.

I guess my concern is that USCIS will cancell the H-1B visa number allocated to me if I depart before October 1st since my status will be Approval pending not h1b active..

[raghvi]

Yes I already received the I-797C. With premium processing, I assume the approval notice I-797A will be there soon in May.

I guess my concern is that USCIS will cancell the H-1B visa number allocated to me if I depart before October 1st since my status will be Approval pending not h1b active..

As I said, as long as the revocation is not communicated before approval you should be fine. So await the I797 a/b and then leave.

This is my opinion not legal advice.