| Q. |
H1B issue
My previous employer filed my H1B application in the year 2007. The application was approved by USCIS. I have never worked on this H1B. Recently, I resigned, and my employer informed me that the H1B would be cancelled upon resignation. I am in the US now on an H4 visa.
1) Can this previously approved H1B be revived, and how?
2) If it can not be revived, does filing a fresh H1B exempt me from the cap since I have already been counted in the 2007 cap?
3)If answer to question 2 is 'yes', is it necessary to provide the receipt number of the previously approved H1B ,or the application number is enough? I do not know the receipt number, though I know the application number. My previous employer has not shared the receipt number with me.
User's Location:
Union City, California, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
If the employer filed paperwork with CIS that you are no longer working under H-1B status for them, CIS will revoke the H-1B and send out a letter confirming that revocation.
If you are in H-4 status, the prior H-1B should still remain valid if not revoked and if the employer wishes to employ you under the position, salary etc. conditions of the H-1B approval. You would need to leave the U.S. and obtain an H-1B visa and new I-94 if you wish to work on that H-1B approval notice. You would need the prior H-1B approval notice for this process.
If you need to file for a new H-1B, you should not be counted against the cap if the prior H-1B approval was already counted against the cap. You would file for a change of staus from H-4 to H-1B. Filing for a COS to H-1B may be an easier process than leaving the U.S. and trying to use current H-1B approval (if it has not already been revoked).
If you have an opportunity with a new employer, you can file for a COS from H-4 to H-1B. You generally would need the notice number of the prior H-1B approval (best if you had actual approval notice or even copy) for that paperwork.
Please contact me anytime if you need any assistance.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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