H1b(Cancelled without prejudice),now in H4 at US

[ramya_ece]

Hi,

I got H1B stamped in 2006 and it expires in Oct 2008,but I am no longer with that company who got my H1B. I got married and came to US in H4 and my H1b was "Cancelled without prejudice". When i checked out in USCIS site with my EAC number for H1B ,it says approval sent. Does that mean my H1B is still valid? Is there any chance for me to transfer my H1b in US? Else do I need to file for new H1B and do I fit in the 65,000 cap?

Thanks in advance.

[orion]

It was canceled. NO.

[DMX17]

There are two separate issues: H-1B visa cancellation and H-1B usability under remainder option.

The visa that has been marked "Cancelled" is gone.

However, you CAN apply for an H-1B (COS from H4 to H1) to use the "remainder" time. This H-1B can be filed anytime and it will not be subject to cap since you were counted once in the past and you may have H1 time remaining. Total time on H1 status is limited to 6 yrs with extensions possible beyond 6 yrs based on filing a Labor/I-140 approval.

Search the forum using keyword "remainder". I am sure you will find it.

[ramya_ece]

Thanks a lot for your reply.

[ramya_ece]

Hi DMX17,

I need some more information. I checked out the "remainder option" .It says one who visited US on H1B and then moved out of US can use the remainder of 6 yrs of H1b. But I haven't come to US even once in H1B . And i am
now here in H4. Am I still eligible for that "remainder option"? If I am eligible, can you let me know the documents to be produced?

Kindly reply.

Thanks once again.

[DMX17]

Hi DMX17,

I need some more information. I checked out the "remainder option" .It says one who visited US on H1B and then moved out of US can use the remainder of 6 yrs of H1b. But I haven't come to US even once in H1B . And i am
now here in H4. Am I still eligible for that "remainder option"? If I am eligible, can you let me know the documents to be produced?

Kindly reply.

Thanks once again.

I think you are eligible for the remainder option.

You can still use the H1 time even if you never used the H-1B. The H-1B was approved right? You have the full 6 yrs that you can use. You need to have proof that you had an H1 approved in the past. Proof relevant to your case: H-1B Approval Notice Copy OR H-1B Visa. Or the H1 I-797 Receipt number can also be used.

[ramya_ece]

Hi DMX17,

I checked out with couple of consultancies here,they say it is not possible to use "remainder option" as i have not travelled even once in H1B with my company who got it. It is also necessary to produce US pay stubs.Moreover I am in H4 with my husband's company now. So they said I need to file new H1B.

I am totally confused now.

[txh1b]

Talk to a lawyer.

[C4us]

They may be referring to doing a transfer of your H1B which cannot be done since you are not in H1B status at this time. You need pay stubs for this.

Your prospective employer would need to file a new petition not under cap and ask that it be done as a COS of H4 to H1B. You would not be able to work until you receive the approval notice with attached I-94 or, if COS is not approved, go outside the US for stamping and re-enter in H1B.

Please look for a job with a real employer and not a consultancy. Too many people are posting here recently with payment problems by these firms. Since you are currently in a valid status, you have time to find a long term permanent position and avoid those problems.

[ramya_ece]

Let me know if my understanding is right.

1. I don't fit in the 65,000 cap as I already have H1B stamped .

2.I need to go for COS H4 to H1B which is out of cap.

And my questions now are.

1. I just have my H1B stamped in my visa,Is that enough for COS?

( I dont have my H1B documents as my previous employer got it back to relieve me from the company)


2 . If I need to produce the documents ,Is there any possibility of getting the

required documents for my previous H1B from USCIS with my EAC number?

If yes, will they give me the H1B docs as I didnt file for the H1B and it was my previous employer ?



Please ..pls reply.

[txh1b]

1. Yes as that has all the information about the petition number that is to verify cap count.

2. You will be fine with the visa and a online printout of the case status.

[ramya_ece]

Thanks for the reply.

By any chance I dont get my H1B stamped in my country ,will the officer cancel my H4 as well ?

[txh1b]

No

[pathangi]

Ramya,

Have you tried this option. My wife also has similar case, can you please email me the info as to whether your petition was selected for the remainder option or not. My email id is [email protected].

[ramya_ece]

Thanks to DMX17 and txh1b. My petition got approved.