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Non Profit i797A to Cap i797B

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  • Non Profit i797A to Cap i797B

    -- First came to the USA on 2017-06-22 in H4 Visa and left on 2017-08-29.
    -- Then, entered the USA on 2017-11-01 on a H4 Visa and left on 2018-03-08.
    -- Arrived on 2018-04-05 on an F1 visa. Went on vacation to India on 2019-01-18 and returned on 2019-02-02.
    -- Joined company A on H1B non-profit - Change of Status valid from 2019-03-04 to 2022-03-13.
    -- Selected in the March 2021 H1B cap lottery through a consulting firm B. Filed petition on 2021-06-30 and got approval (received I797B) on 2021-09-02 which is valid from 2021-10-01 to 2024-09-30.

    1. If I don't join B now, will I be able to join another company C, using the approved I797B of company B?
    2. If company B withdraws the petition now, will it affect anything? (will I be able to join another company C, using the approved I797B of company B?)
    3. Is there any time period, by when I have to use the cap H1B.

  • #2
    Hi,
    Please see my response below.
    1. If I don't join B now, will I be able to join another company C, using the approved I797B of company B?
    Answer: Yes. You will need to file another H1B petition with change of status request. I hope, the current approval with consular processing approval.
    2. If company B withdraws the petition now, will it affect anything? (will I be able to join another company C, using the approved I797B of company B?)
    Answer: Yes. You can.
    3. Is there any time period, by when I have to use the cap H1B.
    Answer: Within time period of approval you can convert your status to H1B.
    Thanks

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