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In which of these cases does a beneficiary who is approved with H1B for COS (change of status), looses the benefits of H1B portability (i.e not counted against cap for subsequent filing or transfers and be able to start work immediately after subsequent filing without having to wait for approval.
Case 1. Employer A revokes H1B prior to start date of H1B (Oct 01) and subsequent petition is made prior to Oct 01 as well?
case 2. Beneficiary chooses not to join Employer A but goes for a subsequent petition, prior to Oct 01?
Also some input pertinent to case above as to whether this will be filed as "new petition" or as "change of employer" coz beneficiary didnot reach H1B effective date before the new action, technically was never in H1B status?
Case 3. How about if actions in both case 1 and 2, occur soon after October 01 (like with in 25-30 days), with no payments made or received by the beneficiary as yet in either case?
Thanks
Case 1. Employer A revokes H1B prior to start date of H1B (Oct 01) and subsequent petition is made prior to Oct 01 as well?
case 2. Beneficiary chooses not to join Employer A but goes for a subsequent petition, prior to Oct 01?
Also some input pertinent to case above as to whether this will be filed as "new petition" or as "change of employer" coz beneficiary didnot reach H1B effective date before the new action, technically was never in H1B status?
Case 3. How about if actions in both case 1 and 2, occur soon after October 01 (like with in 25-30 days), with no payments made or received by the beneficiary as yet in either case?
Thanks