I have an approved H1-B petition valid until Nov 2014, which is an extension.
Iam based in Delhi and basically I have resigned my present job, and Iam on a notice period of three months. Iam considering talking to the company HR to forego my notice period and simply leave the job. So my question is
1) Can a new company file an H1-B if there is a gap of two or three months, in-between, and Iam still exempted from the H1-B cap using the previous H1-B petition? My present company will not revoke the H1-B petition and will not inform the USCIS until I have found another company to file my H1-B.
2) Will an H1-B petition be still valid, if I leave my current job and if it is still not revoked by my present company?
Kindly provide relevant details. Much Appreciated..
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If you are outside US at the moment, then yes there can be a gap in b/w of the filings. You are considered cap-exempt for next 6 years from the previous H-1 date.
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If you leave the job, then that petition is of no use to you - valid or invalid doesn’t matter. What you can do is use that petition as reference to have another cap-exempt petition filed (aka H-1 transfer). For this, it doesn’t matter if the previous petition is still valid or has expired or has been revoked by the employer.
Thanks. One more query. Since this petition is a 3 years extension on my previous H1B based on I140, is it still considered cap exempt for next 6 years, or only till this H1-petition is valid, since this being an extension
You can still go for cap-exempt route. How many years have you actually spent inside US on H-1 and L-1?