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Does a H1B visa automatically get cancelled or invalidated when one moves from a cap-exempt to a cap-subject position?

Bankruptcy and Debt 5 views 3 answers
I currently am employed by a University and hold a cap-exempt H1B visa(never been counted towards cap). This type of H1B visa is non-transferable to a cap-subject one. I found an employer who was willing to file a cap-subject H1B visa and went ahead with the filing on April 1st 2013 . I got through and my employment starts from October 1st(day of activation of cap-subject H1B). Now , my current cap-exempt H1B visa is valid through 2016. Come October 1st , will my current cap-exempt visa automatically be cancelled or invalidated since I will be starting with a cap-subject H1B visa from october 1st? Thanks.

Attorney Answers

3
Irina Vinogradsky ·
Your visa will ceased to exist the day you quit working for your first employer.
0 upvotes
Juan Sarmiento ·
If you leave the country at any point while on the "subject to cap" H-1B after October 1, you cannot use your current H-1B VISA (what you refer to as "cap-exempt H1B visa") anymore. You have to go to your home country's consulate (or any foreign country's US consulate if you go somewhere else), and get a new H-1B visa with the October employer's info in it. JP Sarmiento FREE CONSULTATIONS (216) 573-3712 [email protected] www.sarmientoimmigration.com
0 upvotes

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