I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.
you are looking for competent, aggressive lawyer, your search ends here. Do NOT hire ordinary lawyers that your company asks you to hire.
My wife & kids H4 was not renewed and were Out of Status due to company's fault and my ignorance and trust on the company. This happened in 2003. We hired a local lawyer, best in town, to handle my case in 2005, when I found out on my own that my dependant's H4 was not renewed. We applied at USCIS, but was rejected. We appealed in the Court, but was denied.
I contacted Rajiv Khanna and we applied in 2008, after more than 4 years in Out of Status. My H1 was renewed, along with H4 in 2 days!!!!! Can you believe it?
After 4 years of Mental tension and all the agony, we passed through, we felt so relieved.
We got our new I-94s attached for my wife and 2 kids. Great People, Nice Dedicated Staff, Intelligent Lawyers.
I would recommend him to anyone, no matter how big or small the case is, Do NOT look any further. I did all my research for all these years looking for good lawyer, don't spend any more time searching. If you are in trouble, take my advice, talk to him and he can definitely help you. I was told by other lawyers that there was no chance that I would be able to get them back on status. but Miracle happens and it happened to me. Lots of smart work at Rajiv's end. Thanks Rajiv and Good Luck to all.