Legal Question in Immigration Law in Pennsylvania

I am in USA on H1B valid till April 2017 (came in May 2014 to USA with Employer A). I changed to Employer B in April 2016. I wish to move back to India and change my current employer B. My current employer B will REVOKE the petition if I move to new employer C back in India in event of resignation. I have used 2 years of Visa against total 6 years of this current petition.

New employer C may file the H1B petition after April 2017 which means the current active petition will expire. I do not want the lottery process to happen again, would new company C be able to file under CAP exempt for myself to use the remaining period of 4 years out of 6 eyars.

NOTE: I am in USA with valid job currently working in IT company B have approved I797 and I129H.

Is petition to be active (i.e.beforeApr 2017 ) and NOT Revoked can then only the new employer in India file can file CAP Exempt?


Asked on 5/08/16, 10:56 am

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call us at (212) 968-8600. Kind regards, RDM

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Answered on 6/09/16, 11:59 pm


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