I came to USA on F1 and worked on OPT, filed for H1B it got approved (oct1st 2017). Never worked on H1b, then changed my status to H4(March 2018). My employer revoked my H1b(oct9,2018).Now i got an offer from another employer, Can i apply for COS from h4 to h1 with same petition/receipt number which is revoked?
Generally, a H1B employer may petition a COS from h4 to h1 with a prior H1B petition/receipt number which is revoked after Oct 1.
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The prospective H1B employer will ask for evidence that you were previously in H1B status, and this would be shown through copy of the H1B approval notice (I-797). Since this H1B petition was revoked no earlier than its validity date (October 01 ), the H1B petition for new employment would not be subject to the visa cap.
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The revoked petition was employer-specific. You can apply for a new H-1B petition through the new employer and include a Change of Status from H-4 to H-1B citing the previous H-1B approval as proof you were counted in the lottery and not subject to cap.
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