My current employer is planning to revoke my H1b visa by end of next month and so I will have to return back to my country. Will I be cap-exempt if the visa is revoked before I am able to find another job in USA and get my visa transferred? My current H1b visa is valid till September 2017.
Yes. You own the eligibility to work for any H1B employer as long as your eligibility is valid(your eligibility is your total stay in H1 status and your qualifications for the sought position).
Hi,
Thanks for the quick response.
I am currently working in USA with a Company A on a H1b Visa since January 2015. My current H1b visa is valid till September 2017. Company has is planning to revoke my H1b visa and I will have to return to by end of next month.
My questions are:
What options do I have if I am not able to find another job and get my visa transferred within the next one month?
Once I am back in India and my H1b visa is revoked by Company A, am I cap-exempt, if yes till what time?
working since Jan and revoking in a couple of months? Did you have paystubs of this company A?
You need to find another eligible H1B employer ASAP and initiate your H1 petition under non-cap ASAP. This needs paystubs to prove your legal status for the period of your H1B(at least for the past 3 months). If you didnt find such opportunity, you may need to find your options to change your status to other categories like student visa (by getting an admission into the local university etc). If such options are not around for you, you may need to step out of the country but still you can continue to search for another potential employer who may file your H1 petition. This can be done till 6 years after your current H1B approval last valid date.
Yes, I have pay stubs from Company A. I am on a 3 month project and was hoping for an extension, but the Company has decided not to extend the project and revoke the visa. Hence I am looking for other opportunities.
In case I am unable to find a job in next one month, I will have to return to my home country and then look for a job in USA form there. I just wanted to understand that if I get a job after I leave USA, then whether the new Company has to apply for a new H1b under the cap of 65000 or am I cap-exempt for 6 years after my current H1b approvals last valid date.
Your next H1 petition would be cap exempted for 6 years from the expiration date of your last valid H1B