H-1B Cap Exempt case...Need advise

[pavans]

Hi All,

I need your advise on my case.

I travelled to US in the end of 2010 on L-1B (blanket). It got expired on 2013, but since I have the valid I-94 and I continued to say in US till mid of 2015. I spent 4.5 years in total in US (on L-1B status) and applied for L to H Conversion in US and left to India. I got my H1B approved and received the approval notice (not stamped)

I started working for another US client project from India. Since the customer location is different from my previous US client (at the time of filing of L to H conversion) my company filed the H-1B amendment. For this amendment only receipt notice was received but is still pending with USCIS. The petition validity is only till Sep 2016. Since the slots are not available in India till Aug/Sep 2016, I was told that I cannot go for stamping on the amended H-1B petition (after it gets approved)

I already spent 1 year outside USA. Now my company wants to file a H-1B cap exempt petition for my remaining 1.5 years (spent 4.5 years in US on L-1B).

I have the following questions.

1. If my company files an H-1B cap exempt petition (takes another 6 months for approval), can another employer file a new H-1B CAP for fresh 6 years?

2. If yes, and both got approved, can I choose which one I want to go with?

3. Without my employer filing the H-1B cap exempt petition, can another employer file the H-1B cap exempt petition? If yes, will my present employer knows that I filed from another employer?

4. If I resign from my current employer without filing the H-1B Cap Exempt petition, can I apply the H-1B cap exempt petition later from another employer at any point of time (say after 2 years)?

5. If I resign from my current employer, will they revoke the H-1B petition from USCIS? If revoked, can another employer file the H-1B Cap Exempt petition?

Please help me in understanding my situation and let me know if any of the questions are not clear.

Thanks,
Pavan

[h1bwaiting]

1. If my company files an H-1B cap exempt petition (takes another 6 months for approval), can another employer file a new H-1B CAP for fresh 6 years?

[Ans] More than one company can file your H1B at the same time. Each H1B petition is decided on it's own merit. But Only a cap exempt petition can be filed at any time. Fresh petition can only be filed in April and it also goes to lottery. So if you miss one year on Fresh H1B, You can apply only next year.

2. If yes, and both got approved, can I choose which one I want to go with?
[Ans] If you are lucky one to get both, yes You can choose. But you have to go through the process of stamping for the one you want to use.

3. Without my employer filing the H-1B cap exempt petition, can another employer file the H-1B cap exempt petition? If yes, will my present employer knows that I filed from another employer?
[Ans] Yes They can. No your employer won't know about it.

4. If I resign from my current employer without filing the H-1B Cap Exempt petition, can I apply the H-1B cap exempt petition later from another employer at any point of time (say after 2 years)?
[Ans] Yes. Mostly You can. Can not say if you can do it after 10 years or so. But 1-2 years should be fine.

5. If I resign from my current employer, will they revoke the H-1B petition from USCIS? If revoked, can another employer file the H-1B Cap Exempt petition?
[Ans] Yes they will revoke. But if you have not used 6 years of your H1, then other company can file a cap exempt if they want.

These are based on my knowledge and not a legal opinion.