H1b withdraw, should I apply for new H1B under quota system

Question

I'm on H1B from Oct 2011 and came back to india in Dec 2011. I have never gone for H1B stamping and neither went back to US. but now my employer wants to withdraw my H1.

So my question is can other employer sponsor my H1 with same petition since my H1 was approved till Sept 2013 or I will have to apply for new H1 B and go thru the quota system.

Answer 1

Yes, they can file cap-exempt petition for you. Later, you can go for H-1 stamping and travel to US to work for the new employer

Comments

Thanks a lot for your reply.

So what are the documents you need for cap-exempt?

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The new employer will need copy of your previously approved 797, payslips for the period you were in US on H-1, W2 for the time you were in US on H-1. Other documents required are same as for your initial H-1 filing.

If you don't have the copy of approved 797, then you can try w/ just the receipt number as well.

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I do have all the documents stated above. But isnt the cap-exempt only for certain non-profit org. and universities or any employer can apply for cap-exempt?

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Cap-exempt can be filed either by a non-profit or by a for-profit organization but only if the person has a previously approved H-1 petition. This petition will be H-1 transfer (if filed by a different employer) or H-1 extension (if filed by same employer).

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gottcha. So I got my H1b in oct 2011 for 3 years and I'm out of US for 6 months now since Dec 2011. Do they count this time against 3 years or they dont count this time?

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You are eligible for total 6 years on H-1 and this includes only the time spent inside US. So you are still eligible for 3 years and 6 months of H-1.

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Thanks a lot for your replies. Its such a sign of relief. great help