Status details:
F1 OPT: 01/01/2008 --12/31/2008
F1 OPT(STEM): 01/01/09--05/31/10
H1B from CompanyA(inclusive of quota): 10/01/2009 to 03/29/2012 I worked
at CompanyA on F1 OPT & F1 OPT (STEM) status which has been approved till
May2010. Then they applied for my H1B and it is approved on April 27th
2009.The approval was valid beginning from october1, 2009.Shortly after the
approval of the H1-B, CompanyA laid me off in May2009(I didn’t even start
working on my H1
and they notified the USCIS of such. Therefore, the
petition was withdrawn before the H1-B period began.
H1B from ComapnyB (Exclusive of quota, Nonprofit H1
: CompanyB has applied
for a fresh H1B and it got approved for 10/01/2009 to 09/30/2012.I am
currently working on this H1B.
Now I got an offer from companyC (profit organization) which would like
to sponsor for my H1B.After sending all the documents to the attorney,
Below is the response from the attorney of companyC.
“
Since she never worked for the non-exempt H-1B employer in H-1B status, she
cannot obtain the benefit of ever having a non-exempt H-1B. In other words,
it is as if it were never issued to her since she did not take the job.
Therefore, she is subject to the quota because her only perfected H-1B was
for an exempt employer. “
Please advice me whether I need to wait until April 2010 to apply for a new H1B through Company C or will the H1B transfer is possible to company C now.
Favoured: 0
