H1b revoke

Uscis might not extend H1B (yet might approve it) if you are out of status. There are cases where it did approve extension where the gaps were small. You shouldn't count on extension (or even approval) if your stay is "illegal or unauthorized" (although there are approval cases there also).

Employers or attorneys submit H1B registrations on behalf of their employees between March 1 and March 18 of 2022. USCIS uses a computer-generated random selection process, or lottery, to select enough registrations to meet the H-1B cap. The lottery is conducted for each visa category. If you're selected, USCIS notifies the …Meanwhile when i checked the USCIS website i see that prev company has revoked the previous approval as on Dec 7th 2019. Company C : A new Company C is planning to file H1B Transfer on 17 Dec 2019 (LCA in progress). The company is telling m that i can start work on receipt number. In this scenario i have a few questions. 1.DHS, U.S. District Judge Jeffrey S. White, in a written order, vacated and set aside the DHS and DOL H-1B rules. “Defendants [the Trump administration] failed to show there was good cause to ...5 days ago · During 60 days grace period, the H1B holder is technically in status, hence H4 Visa holder is also in status. So, logically, an H4 holder with valid EAD may be able to work during the grace period. But, the tricky part is, USCIS regulation clearly tells that H1B holders cannot work during the grace period, but does not give any guidance on H4 ... Employer B received a notice of intent to revoke. Employer B still has a chance to respond and defend the H-1B. The post implies that the individual did nothing wrong. She worked for company A and A submitted a registration. B also submitted a registration and when B was selected, she went to work for B.During 60 days grace period, the H1B holder is technically in status, hence H4 Visa holder is also in status. So, logically, an H4 holder with valid EAD may be able to work during the grace period. But, the tricky part is, USCIS regulation clearly tells that H1B holders cannot work during the grace period, but does not give any guidance on H4 ...

H1B REVOKED April 2018 - Lottery picked November 2018 - USCIS Site visit December 2018 - Went to India, got H1B Stamped, came back Feb 2019 - Intent to Revoke Notice was issued. According to them, the job description we submitted doesn't match with the job description of approved LCA. LCA was...Automatic Revocation. The approval of an unexpired petition is automatically revoked if the petitioner, or the employer in a petition filed by an agent, goes out of business, files a written withdrawal of the petition, or notifies USCIS that the beneficiary is no longer employed by the petitioner. [4] 2. Revocation on Notice.The Notice Of Intent to Revoke (NOIR) is used by USCIS to inform a US visa applicant or holder of the intention to revoke a petition that has been previously approved. They can be issued for any type of visa, both immigrant and nonimmigrant and family-based or employment-based, at any time after approval for a petition has been granted.A grantor trust is a trust that can be revoked by the grantor at any time, as long as he is alive and mentally competent. A non-grantor trust, also known as an irrevocable trust, c...Aug 4, 2021 · When the H1B employee leaves the employer, the employer in bound by law to request USCIS to revoke the H1B. However that do not impact ability to change the employer in future. In your case a new employer may file a new cap-exempt H1B petition for you and if approved, you can have your visa stamped and travel to the US to start working for your ... VISA2US Corporate Prime Membership. Unlimited Corporate Immigration Consultation ( H1B, O1, L1, TN, E1/E2, E3 Visa, I-485, PERM, NIW, EB1B, EB1C ) Prompt responses in 24 business hours. Exclusive membership discount on H-1B and O-1 Cases. Learn More chevron_right. When the H1B employee leaves the employer, the employer in bound by law to request USCIS to revoke the H1B. However that do not impact ability to change the employer in future. In your case a new employer may file a new cap-exempt H1B petition for you and if approved, you can have your visa stamped and travel to the US to start …Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

According to USCIS, the number of multiple registrations jumped from 165,180 in FY 2023 to 408,891 in FY 2024, an increase of 148 percent. And the immigration agency says it has taken legal action to address abuse of the system. "Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud ...A visa can be revoked if the visa holder is deemed inadmissible to the U.S. on security, criminal, medical, financial, or other grounds, or if the visa holder is ineligible for that particular visa category. A visa might also be reinstated after new information emerges or after an interview with a consular officer, or the officer might simply ...Q60:那这一个 revoke H1B需要交费用吗？ 雇主 revoke H1B 不需要交费用，写封信就好了。 Q61:那 Grace period 期间新公司寄出了H1BTransfer，但是 60 天内没有寄到，有什么影响吗？有几天 gap 的话需要做什么吗？ 一定要寄到。notice 上面的 receipt 日期超过了，就算你有gap。Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.An approved I-140 petition can be used to re-enter the US after a significant period of absence. The H1B transfer process allows for re-entry with a new employer after a 10-year absence. Considerations for returning to the US include emotional factors, monetary advantages, and seeking guidance from others. Immigration policies are designed to ...A notice announcing the lifting of some travel restrictions was quickly revoked, implying tensions between local governments and Beijing in the handling of the epidemic. China’s st...

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回复:被小公司骗，H1b被revoke. 天啊 欺负人!. 去找律师看看能不能告!. 毕业的时候找工作很难，一直没有找到愿意办h1b的雇主，后来找到个小公司，同意办了，费用我自己出，还要给他们免费干活。. 当时时间已经所剩无几，也没有别的选择，就答应了。. 于是 ...02-13-2012, 03:28 AM. It is illegal to use the H1B petition of one employer to travel to U.S to work for another employer or to travel to look for a job. If the petition is already revoked or in the processing of getting revoked or if the immigration officer finds out that you are using the petition of an employer for whom you are no longer ...If you stay beyond that date, you become "unlawfully present," and the consequences can be severe. After 180 days of unlawful presence, you cannot return to the U.S. for three years from the date you finally depart. If you overstay by a year, the ban on returning to the U.S. shoots up to ten years. These are known as the three- and ten-year ...17 Nov 2022 ... H1b layoff • 7 options to stay in USA when laid-off on H1B ... H1B Layoffs? Don't Panic! Understanding the ... H-1B Revocation: Exploring Your ...For this, the I-140 must remain valid until the H1B petition approval. As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law.I have moved from my previous employer last august with my approved h1b (before October 01 2012 when the h1b visa kicks in). After that my previous employer revoked my h1b because my current employer applied for my h1b. And my current employer has delayed applying and we got a query saying that my application will not come under cap gap.

USCIS retains the right to take action, and in severe cases, they can revoke your H1 visa status, and you may be required to leave the U.S. Discuss with your attorney whether an amendment is appropriate for your case and the best way to file one. Other H-1B Visa Topics. H-1B Visa Process; H-1B Visa Processing Fees; H-1B Visa Documents; …H1B revoked? I am reaching out to you today with regards to the revocation of my H1B visa and the lack of notice from USCIS / old employer. I got my H1B Visa August 2022, and I applied amendment for location change and employer change in November and approved in January 2023 after couple of months I applied for a h1b transfer in March 2023 and ...It is OK if the previous employer has revoked its H1B petition since the new employer filed its H1B petition requesting extension of status prior to employment termination date. If you decide to travel in the future, you will need an unexpired H1B visa to enter. Carry all I-797's with you upon entry and request the officer at the POE that the I ...A visa might also be reinstated after new information emerges or after an interview with a consular officer, or the officer might simply suggest applying for a new visa. From 2001 through 2015, there were approximately 122,000 revoked visas in the U.S. Visa revocations targeting visa holders who are already in the United States are becoming ...USCIS Discretion: Whether the grace period extends from 60 to 180 days or not, it is completely up to the discretion of USCIS to grant it to the H1-B worker. It is not a guaranteed state of visa validity period. Grace Period Revoked: If the H1-B worker has engaged in unauthorized employment, fraud activities or has a criminal record, this grace ...06. H1B Grace Period with an Approved I-140. In short, there is no major difference, it's still 60 day grace period according to USCIS rule but there is some benefit if your petition is approved over 180 days. Not in the grace period though that still depends upon the severance package offer discussed above.Entry with AP does not trigger this protection. This is because for Sec.245K purposes, entry with Advance Parole is not an "admission", but entry in H-1B status is an admission. An admission is required to trigger the 180 days of adjustment of status "protection" that Sec.245K offers. Also, Advance Parole entrants may not be eligible ...Also under the new rule, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not …Upon termination of employment, an H1B worker typically has a grace period of up to 60 days to either apply for a change of status, move to a new H1B employer, or depart the United States. The grace period is even shorter if the individual’s I-94 will expire in less than 60 days.When you got for US Visa Stamping at an Embassy or US Consulate, sometimes, the US Visa or Consular Officer may put a stamp as in the below image that says "Cancelled without prejudice" (CWOP) on your valid or expired US visa that is already on your passport. For example, if you had an F1 visa valid and you went for an H1B Visa stamping ...

H4 and H4 EAD are in pending state and H1B holder lost his job and H1B revoked, now H4 and H4 EAD pending cases will be continued or they just invalidated? They should also be considered canceled even if they are pending. At the time of adjudication, USCIS will check for H1 validity and if H1 is canceled USCIS will reject H4 and H4 EAD ...

Jun 17, 2015 · USCIS started taking serious note of its violation now. Since your H1B is revoked you are out of status even if your H1B visa and I94 has a validity date. You need to move to a dependent status or exit US asap. Working after revocation is again a serious issue. Posted June 18, 2015. USCIS may then deny or revoke the approval of any petition filed based on those registrations. This measure is introduced to prevent potential abuse of the system. If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.In such cases, the F-1 student is ineligible for cap-gap extension of status and the 60-day grace period. Similarly, the 60-day grace period and cap-gap extension of status does not apply to an F-1 student whose petition was revoked based on a finding of a status violation, fraud or misrepresentation discovered following approval.H1b Revoke status after transfer. USA. H1B. h1b. Kssss (Khadar Shaik) August 12, 2023, 3:26am 1. Three months back moved to new organization and suddenly I got notification today as my old intial case is revoked …I checked my new case and it still approved status.Did I need to worry on this or need to check with old employer…Did this …Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.A. Grounds for Revocation. USCIS can revoke its approval of T nonimmigrant status at any time based on the specific grounds discussed below. [1] For most grounds, USCIS first issues a notice of intent to revoke. However, USCIS automatically revokes an approved application for derivative T nonimmigrant status if the beneficiary of the approved ...H1 Transfer. If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the new employer has to file a new H-1B petition for the employee. Many people, including some immigration attorneys, call this process an "H1 transfer".Basically what the new regulation in 2008 was that " USCIS will deny or revoke multiple petitions that are filed by same employer for the same H1B Worker as they are considered duplicate and there will be no refund of the filing fee for these multiple petitions.". Also, one key distinction at that time was that, USCIS regulation did not ...r/h1b H-1B non-immigrant visa holders in the United States. Either you are still in limbo or stuck in the endless wait or just received what we all wish for, the elusive Greencard, this reddit space is for you.

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VISA2US Corporate Prime Membership. Unlimited Corporate Immigration Consultation ( H1B, O1, L1, TN, E1/E2, E3 Visa, I-485, PERM, NIW, EB1B, EB1C ) Prompt responses in 24 business hours. Exclusive membership discount on H-1B and O-1 Cases. Learn More chevron_right.INA § 212 (n)- (p); 8 U.S.C. 1182 (n)- (p) (n) Labor condition application. (1) No alien may be admitted or provided status as an H-1B nonimmigrant in an occupational classification unless the employer has filed with the Secretary of Labor an application stating the following: (A) The employer --. (i) is offering and will offer during the ...Answer: USCIS generally takes several months to process H1B revocation notices, which means that, as a practical matter, the revocation of the H1B petition may not appear in the USCIS system for several months. …Answer One generally can tell by entering the receipt number into the “case status” link on the USCIS website. This is generally, but not always, accurate. (15.Oct.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...Hi Today we got a mail from USCIS saying they are intending to revoke H1B I had between 2011 and 2012, and I am with the same employer on an H1B extension I am trying to find my options here 1. If I get an extension with the same employer will it be treated as separate H1B or continuation of prev...H1B got revoked. Last month got intend to revoke notice. 8.21.2019. Denise Cann. Immigration Attorney. 1,621 Satisfied Customers. My boyfriend has a US Masters degree and h1b valid through. 4.23.2019. Jen Marie, Esq. Immigration Attorney. 13,822 Satisfied Customers.Here's a hypothetical situation to explain what this means: In 2014, new CS graduate with work zero experience joins a shitty company who applies for their H1B. After a year at the shitty company, they spend hours on Leetcode, and land a job at Google. By 2019, they've done well at Google, have leveled up, and are making well over 200k now. H1b has to be revoked within 30 days or so i think . However yeah if you got to 140 stage no company revokes it. As soon as employee leaves, the employer has to revoke H1 (informing uscis about it). But I am not sure in how many days employer has to revoke, I believe 15 days. Sep 5, 2023 · Receiving an H-1B visa is an impressive accomplishment when you’re a foreign worker with the goal of working in the United States. Not everyone who pursues this path is able to navigate it successfully, but you did. However, once it’s in your hands (and in the USCIS system), that doesn’t mean it’s guaranteed. There are certain situations in which the government can revoke an approved ... ….

An approved I-140 petition can be used to re-enter the US after a significant period of absence. The H1B transfer process allows for re-entry with a new employer after a 10-year absence. Considerations for returning to the US include emotional factors, monetary advantages, and seeking guidance from others. Immigration policies are designed to ...10 year Top Contributor. Website. (408) 516-4618. Message View Profile. Posted on Aug 27, 2021. While the H4 should remain valid when the prior employer revokes the H1. Recent reports are that many H4 pending applications have been denied. Disclaimer. Helpful (0) 1 lawyer agrees.Jul 20, 2023 · July 20, 2023. Yes, an H1B petition is automatically revoked in certain situations, and in other cases, USCIS may issue a notice of intent to revoke (USCIS) for grounds including a petitioner’s noncompliance with H visa requirements. H1B is a versatile visa option that can work for many skilled professions and provides many advantages ... 1. Posted January 25, 2023. I was working for company X before on H1 b till august 2022. I transferred to company y in December 2022 and started working after h1b transfer approval. Today I got notice from uscis that my previous I-129 petition with old employer is revoked.Relocating an H1B worker without filing an amendment to the petition could result in issuance of a notice of intent to revoke the H1B petition. At the time of this writing, there has been no written policy change. There are, however, indications that the USCIS is utilizing a more expansive interpretation of "material change," which could ...View Profile. Posted on Jan 21, 2018 Selected as best answer. You will not need to make a change after getting your green card. That status supersedes the visa status. However, don't count on getting that green card in December if you marry in June. It takes about a year to get the green card after applying. Longer if there are issues.July 20, 2023. Yes, an H1B petition is automatically revoked in certain situations, and in other cases, USCIS may issue a notice of intent to revoke (USCIS) for grounds including a petitioner's noncompliance with H visa requirements. H1B is a versatile visa option that can work for many skilled professions and provides many advantages ...No, the 240 day rule does not apply to H1B Transfers. It is only applicable to H1B extensions filed with same employer. If your H1B transfer petition was filed on time (before expiration of I-94) and is pending beyond 240 days, you can continue to work even after 240 days, as the 240 days H1B rule is not applicable in this context.现在h1b已经approved，如果公司申请revoke或者withdraw我的h1b，我下次申请h1b时还需要抽吗？ 谢谢 请 登录 后使用快捷导航 没有帐号？Then the new company revoked his H1b transfer. But they didn’t revoke my H4 extension which was already approved. Now my spouse’s employer filed H1B extension for him and it got approved. But my H4 visa extension (I539) is still waiting without any updates for last 4 months. Now I can see my H4 extension filed along with my husband’s H1B ... H1b revoke, Hi Today we got a mail from USCIS saying they are intending to revoke H1B I had between 2011 and 2012, and I am with the same employer on an H1B extension I am trying to find my options here 1. If I get an extension with the same employer will it be treated as separate H1B or continuation of prev..., H1 Transfer. If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the new employer has to file a new H-1B petition for the employee. Many people, including some immigration attorneys, call this process an “H1 transfer”., Kalpesh_Dalwadi February 20, 2023, 6:11am 4. Change of employer petition aka H1B transfer works only when the beneficiary is in the US. If you are outside of the US, the new employer can file a new cap-exempt H1B petition and the remaining period of the 6 year H1B period which is what I mentioned above. Hi All, I have h1b till sep2024 and i ..., 27K subscribers in the h1b community. H-1B non-immigrant visa holders in the United States. ... If an employer revoke H1B visa? Within how many days does a person need to transfer visa to another company? How many days an individual can stay legally in US after H1B revocation? What are the possible choices for the candidate?, Sep 1, 2021 · Revoked H-1B Visa. If your former employer does revoke your H-1B Visa, you don’t have as many options if you legally want to stay in the U.S. The first action you should take is to file for a change of status to B-1/B-2. However, you will also need to get documents including your financial proof that you have enough money to stay in the U.S ... , Upon termination of employment, an H1B worker typically has a grace period of up to 60 days to either apply for a change of status, move to a new H1B employer, or depart the United States. The grace period is even shorter if the individual’s I-94 will expire in less than 60 days., Trump Media & Technology Group, the company behind Truth Social, filed an application in June 2022 for an H-1B visa for a worker at a $65,000 annual salary, the lowest wage category allowed under the program. Federal immigration data shows the company was approved for a visa a few months later. The company says it did not hire the worker., Q60:那这一个 revoke H1B需要交费用吗？ 雇主 revoke H1B 不需要交费用，写封信就好了。 Q61:那 Grace period 期间新公司寄出了H1BTransfer，但是 60 天内没有寄到，有什么影响吗？有几天 gap 的话需要做什么吗？ 一定要寄到。notice 上面的 receipt 日期超过了，就算你有gap。, Jun 17, 2015 · USCIS started taking serious note of its violation now. Since your H1B is revoked you are out of status even if your H1B visa and I94 has a validity date. You need to move to a dependent status or exit US asap. Working after revocation is again a serious issue. Posted June 18, 2015. , Website. (916) 432-1156. Message View Profile. Posted on Dec 17. To reapply for an H1B visa after your previous visa was revoked, you will need to follow these steps: 1. Find a U.S. Employer: You must have a job offer from a U.S. employer who is willing to sponsor your H1B visa. They will need to file a new H1B petition on your behalf., When you terminate an H-1B worker prior to the expiration of the worker's visa, you must: Give the H-1B worker clear notice of the termination of employment; Provide notice of any separation to U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS); and. Document the above actions., When an employer decides to withdraw an H-1B petition (whether out of necessity or because of a layoff), they must submit a request for a withdrawal, which requires filing several documents. When the USCIS obtains these documents, the process of revoking the H-1B will begin. However, like many processes with … See more, 我没有被revoke，但是去年H1b extension先被RFE，后被deny，收到deny notice的时候我之前的H1b已经过期了，然后被律师建议尽快离境。回想起来，当时我最先知道这个消息的时候发邮件问律师，律师也是敷衍塞责的说我们要收到notice后才能知道具体什么原因，但是他们明 ..., First, losing your job after H1B approval can complicate things, but it doesn't necessarily mean your visa will be automatically revoked. It might depend on the specifics of your case. Second, transferring your H1B to a new employer is usually possible, but timing is crucial, and it's advisable to start the process as soon as possible., The I-485 is based on the I-140, however, which is the employer’s filing. The employer can always withdraw or request to revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. This does not prevent the case from ..., Whether you are again subject to the cap depends if you had H1B remainder time on the revoked H1B. Despite the 60 day rule you may have stayed in the US finding employment until the end of the I-94 validity. The I-140 priority date remains valid for future employment., The law considers H-1B employment "at-will" employment, meaning you have the right to quit your job (and the employer has the right to terminate you). Additionally, your employer is prohibited from retaliating against you for quitting. However, you are still bound to any employment contract you signed with your employer. , Only certain types of irrevocable trusts can be S corporation shareholders. The IRS code that determines a trust’s eligibility and operating rules is complex and subject to change...., H1b has to be revoked within 30 days or so i think . However yeah if you got to 140 stage no company revokes it. As soon as employee leaves, the employer has to revoke H1 (informing uscis about it). But I am not sure in how many days employer has to revoke, I …, 02-13-2012, 03:28 AM. It is illegal to use the H1B petition of one employer to travel to U.S to work for another employer or to travel to look for a job. If the petition is already revoked or in the processing of getting revoked or if the immigration officer finds out that you are using the petition of an employer for whom you are no longer ..., BIG Problem - I just received a CC letter from my lawyer to USCIS that she is asking USCIS to revoke my H1B visa and that I'm no longer with my old company!!! Isn't she supposed to serve MY best interest? Questions: 1. Where would that leave my green card application? My lawyer told me green card numbers for my case would be available end of ..., Dec 26, 2019 · For this, the I-140 must remain valid until the H1B petition approval. As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. , After all the trouble of applying for and receiving an H-1B visa, the foreign worker can, unfortunately, end up losing the job upon which the visa and status depend. This might happen because the company who helped the person get the visa lays them off or otherwise terminates the employment. In the COVID-19 era, job losses, reduced hours, and ..., H1b has to be revoked within 30 days or so i think . However yeah if you got to 140 stage no company revokes it. As soon as employee leaves, the employer has to revoke H1 (informing uscis about it). But I am not sure in how many days employer has to revoke, I believe 15 days., I was with Company 'A' on H1-B and joined Company 'B' after H1-B transfer. The H1-B transfer was a bridge petition that was filed on top of Company 'A's H1-B extension. All of those were approved with I-94, but this morning (03/03/2014), I received a text message that extension of Company 'A' is revoked., FAQs on H1B Layoffs. 30 Nov 2022. For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B workers, as Amazon, Twitter, and Meta, among others, are in the ..., Recommended procedure includes a certified letter to the USCIS service center that approved the H-1B, providing the date of termination and a request to …, H1b revoked and new h1b filed 12-20-2015, 01:13 PM. I was working with employer in USA on H1B visa. I also have stamp in my passport. Recently my employer terminated my employment and send notice to USCIS to revoke my h1b. I found new employer willing to file for h1b. Will it be just transfer of h1b ?, USCIS's Increased Enforcement Efforts - H-1B Petitions Receiving Notice of Intent to Revoke or Revocations. We have been seeing increasing number of revocation or intent to revoke notices issued by USCIS where there are indications of fraud or misrepresentation, especially with respect to the required attestations and multiple H-1B cap ..., H1B transfer from India with revoked H1B Hi, I am working for Employer A in US and I have completed 4 years out of 6. I've resigned my job with Employer A and joining Employer B at India. The current H1B petition is valid thru Dec'16. I would like to return back to US after 1 year with Employer C., Oct 12, 2018 · Noah Eden Klug. You are still in valid H-1B status and therefore your wife is still in valid H-4 status as well. It does not matter that your previous H-1B employer sent a withdrawal letter to USCIS. They were just informing USCIS that you are no longer employed with them. But you have a new H-1B employer and so are still in valid H-1B status. , Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below., 2.As I140 is approved , Do I need to apply in March/April but will be cap exempted and complete the interview process. My comment - If your cap petition is revoked then you are out of status and need to file a new cap petition during Mar-Apr in lottery. If non-cap is revoked then you can file a new petition any time.