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Immigration Issues/H1B Approval notice withdrawn before change of status date. Is it cap counted?

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Question
I was on a F1 when my H1 approval notice came through. Was laid off before effective change of status date of Oct 1 and the H1 was also withdrawn by Sep 14. Later I did a cos from F1 to H4.

Effectively, I had a H1 approval but was never on a H1 status. Now, I want to do H4 to H1 COS and am wondering if my petition is cap counted.

Answer
Hi,

As the petition was revoked prior to effective approval date, you will be subject to the visa cap when an H1B petition is filed for you. The earliest that the H1B petition can be filed is April 01, 2011, and the requested employment start date should be no earlier than Oct. 01, 2011.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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