Can I transfer previously revoked H1 - Currently on F1 OPT

USA H1B Visa
1

Hi,

I had my 1st H1 stamped in Nov 2010 (valid until September 2012) through Employer A and I arrived to US on H1 in July 2012 through the same Employer A. The same Employer A filed for an extension in September 2012 and I got an approval in December 2012 (valid until September 2015). I returned to India in January 2013 and resigned from the company and came back to US for my Masters in May 2013 on a fresh F1 Visa. USCIS then revoked my H1 petition in May 2013 (I am not sure if this was on the Employer A’s request since I resigned or because my new F1 status had begun). I completed my Masters in August 2014 and have been working for Employer B since then on my OPT (valid until Aug 2015).

Summary:

H1 stamped - Nov 2010 (valid until Sep 2012)

Travel on H1 - July 2012

Extension filed - Sep 2012 (valid until Sep 2015)

Return to India - Jan 2013

Travel on F1 - May 2013

H1 Revoked - May 2013

OPT started - Aug 2014 (Valid until Aug 2015)

STEM OPT - Will apply in August 2015 (will be valid until January 2017)

Now I have an offer from a new Employer C and I have the following questions:

  1. Can this previously revoked visa be transferred now by my new Employer C?

In other words, am I cap exempt (since I have already been through the cap once) or do I need to go through cap again for a new application since the previous H1 has been revoked?

  1. If I am cap exempt, is it required to process the H1 transfer before its previous validity ends (was valid until September 2015) or can I have it transferred anytime before my OPT period (valid until Aug 2015) / STEM OPT period (would be valid until January 2017)?

  2. Again, if I am cap exempt, how many more years of H1 can I get before I have to file a green card? Would the time spent include only the time I spent in US on H1 (6 months) or my total time spent in US? (6 months H1 + 16 months F1 + 7 months OPT = 29 months)

  3. I am expecting 2 other offers too from Employers D,E. So, now if my Employer C starts the process for a new H1 application (assuming I am NOT cap exempt), then can I accept the offer from Employer D or E and switch while my H1 is already in process through Employer C?

  4. If my H1 transfer for my revoked H1 is applied, and if it gets denied, will my existing OPT/STEM OPT status be applicable or will I be out of status once denied?

Please let me know.

Thanks!

2

  1. You are cap-exempt, you can use your earlier petition

  2. You are cap-exempt till Jan 2019 (6 years from the day you left US)

  3. Includes the time you are on H1 and OPT (work status)

  4. Yes

  5. You will be on OPT even if H1 transfer is denied