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H1B was revoked before October 1st? Am i still Cap Exempt for future?

Sunnyvale, CA |

Currently i am on H4.
Last year 2012, my H1b was approved. But my Employer withdrew the H1B. And i got a letter from USCIS dating Sept 27th, 2012. That H1B has been revoked , because Employer sent withdrawal letter.

Am i still cap exempt, if i want to file a H1B in 2013? Or will i be counted again?
I have the last year H1B Approval notice. I have a job offer, i was planning to transfer my old H1B approval.

Attorney Answers 3

Posted

You are not subject to the cap.

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Posted

An attorney would need to review your paperwork.

But, as my colleague stated, if you worked on the visa before it was revoked, you are probably cap exempt.

Talk to the attorney working for the new, prospective, employer ... not someone in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

I did NOT work on H1B before it was revoked or withdrawn. The H1B was withdrawn on Sept 27th. 3 days before Oct 1st. Am i still Cap Exempt? Or is this a gray area?

F. J. Capriotti III

F. J. Capriotti III

Posted

Then you probably are not exempt. Talk to the employer's immigration attorney for confirmation.

Posted

I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Asker

Posted

I am confused. So, am i cap exempt or not. My H1B was withdrawn before Oct 1st. That means i did not start working on H1B.

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