H1 without waiting for CAP round

Question

 

Hi:

 

I came to US with an H4 on my spouse's visa. I got job and I was working on H1 with company A. Due to some organizational changes there, I have to look for a new employer now. Company A has revoked my H1 after 15 days and now I am back to an H4 on my spouse's visa.

 

Now, if I am getting new job, my new employer has to file new H1 visa right?? and This time I dont need to wait for CAP round (as i was working on H1 this year before) is this right? Thanks!

Answer 1

Yes, your new employer should file a new H1B petition on your behalf with USCIS.

And yes, your petition won't be cap-subject petition as you held an approved H1B recently. Your new company may file your petition anytime of the year and you can start working from the date of approval.

Comments

Thanks Surjith!!!

Do you have any link from USCIS website, which states the same?