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Hi,
I have my H1B petition (with company A) approved in 2013 with start date as October 1 2013.The validity of my H1B is until Sep 2016. However Company A filed a revoke of this H1B(valid till Sep 2016) with USCIS in Apr 2014 which was 2 days before I applied for H1 transfer (to Company B) (regular processing) with the same end client. Unfortunately- my H1 transfer was declined and my visa was revoked by USCIS in Nov end 2014. I made an exit from US on Dec 2014 and was in my home country until Oct 2015. I returned back on H4 visa to US in Nov 2015 and have valid H4 petition until Dec 2018. Below are my queries:
1) Once I find a new employer(Company C) who can file my H4 to H1 change of status(COS) for me to work- am I cap exempted or do I need to wait for Apr 2017 filing again?
2) Until when am I cap exempted? - 6 yrs from Oct 2013 or until my original H1 validity(Sep 2016) which got revoked(as Company A requested) or cap exempted for ever?
3) Can I start working with my H4 to H1 receipt or I need to wait for complete H4 to H1 transfer approval and then start working?
4) what are the chances that my H4 to H1 transfer will go through without any issues;assuming I have all valid documents being submitted?
5) What are the chances of finding employment based on my visa history?
6) Do I need to let my new employer(Company C) know about my old history?
Please let me know.
Thanks.
Rohit
I have my H1B petition (with company A) approved in 2013 with start date as October 1 2013.The validity of my H1B is until Sep 2016. However Company A filed a revoke of this H1B(valid till Sep 2016) with USCIS in Apr 2014 which was 2 days before I applied for H1 transfer (to Company B) (regular processing) with the same end client. Unfortunately- my H1 transfer was declined and my visa was revoked by USCIS in Nov end 2014. I made an exit from US on Dec 2014 and was in my home country until Oct 2015. I returned back on H4 visa to US in Nov 2015 and have valid H4 petition until Dec 2018. Below are my queries:
1) Once I find a new employer(Company C) who can file my H4 to H1 change of status(COS) for me to work- am I cap exempted or do I need to wait for Apr 2017 filing again?
2) Until when am I cap exempted? - 6 yrs from Oct 2013 or until my original H1 validity(Sep 2016) which got revoked(as Company A requested) or cap exempted for ever?
3) Can I start working with my H4 to H1 receipt or I need to wait for complete H4 to H1 transfer approval and then start working?
4) what are the chances that my H4 to H1 transfer will go through without any issues;assuming I have all valid documents being submitted?
5) What are the chances of finding employment based on my visa history?
6) Do I need to let my new employer(Company C) know about my old history?
Please let me know.
Thanks.
Rohit
