Urgent query regd H1B

[lisha]

Need an urgent response...

I am currently on L1 B with Company A. I also have approved H1 B petition with Company B. This was filed and approved when I was back in India. I entered US on L1B.

H1 petition was NEVER used / stamped , and I always worked on L1B with Company A. Now I came to know that Company B has revoked my H1 B petition.

I have following concerns :
1. Will I be considered under Quota when next time I file my H1B, OR will I be cap-exempt ?

2. I am changing my status to F2 currently. Will I be able to transfer to H1status before my F2 gets approved assuming I will be cap exempt. ? Would I have to go for stamping h1 ?

Really appreciate your responses.

Thanks much !

[txh1b]

Your approved H1b can be used and you are no longer subject to quota when you decide to move to another employer. However, they need to apply for the H1b along with the copy of your approved petition from the past.

Your second point is moot as there is no thing like clinging on to your "H1 status" if you have another employer file for H1b, it will remain a petition approval only. You can only hold one status at a time. In fact, you should be careful as the new employer may file for a H1b COS and that will put your L1/F2 status in jeopardy and force you to be on h1b and be working.

[lisha]

@txh1b

Thank you for your clarification. I am clear with the first point.

I am transferring on F2 currently just to be legal to stay in US. My ultimate goal is to file for H1b and start working. SInce I do not have project in hand, I am coming onto F2 until I find one.

therefore I did not quite understand your below point :
"there is no thing like clinging on to your "H1 status" if you have another employer file for H1b, it will remain a petition approval only. You can only hold one status at a time. In fact, you should be careful as the new employer may file for a H1b COS and that will put your L1/F2 status in jeopardy and force you to be on h1b and be working."

Can you please clarify ?

Thanks,