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..
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.
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 For this, it doesn’t matter if the previous petition is still valid or has expired or has been revoked by the employer.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?