sattvic2780 Posted April 10, 2012 Report Share Posted April 10, 2012 Hi, Here is a situation. Applied H1B petition this year - Employer A Gets rejected in June for some reason I get an offer from Employer B in Jul, Will I be counted again in the CAP? I believe I won't be Cap Subject - please let me know. Thank you. Link to comment
wiweq Posted April 11, 2012 Report Share Posted April 11, 2012 What is your current status? You will be counted cap exempted once you are counted towards the cap, i.e. you get your H1b approved. Link to comment
Attorney_10 Posted April 12, 2012 Report Share Posted April 12, 2012 Generally, H1B petitions that are rejected or denied are not counted against the numerical H1B quota. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case to determine whether your are cap subject. Link to comment
sattvic2780 Posted April 12, 2012 Author Report Share Posted April 12, 2012 Thank you for the answers. If the petition rejected this year - will I be CAP Exempted for the next 6 years?? I believe if the petition if Approved - you are CAP Exempted for next 6 years, but i am not sure about rejection. Link to comment
JoeF Posted April 13, 2012 Report Share Posted April 13, 2012 May I ask what part of Attorney_10's answer you didn't understand? If a petition is rejected, the person has not been counted for the quota. That means future H1 applications will be subject to the quota, and not cap-exempted. Link to comment
sattvic2780 Posted September 11, 2012 Author Report Share Posted September 11, 2012 May I ask what part of Attorney_10's answer you didn't understand? If a petition is rejected, the person has not been counted for the quota. That means future H1 applications will be subject to the quota, and not cap-exempted. Hi - While one petition is in process can I apply for another petition? Now that the quota is complete, I got another offer, my first petition is still in process, hasn't been approved. Can I apply one more petition? Thank you. Link to comment
JoeF Posted September 11, 2012 Report Share Posted September 11, 2012 Hi - While one petition is in process can I apply for another petition? No. Now that the quota is complete, I got another offer, my first petition is still in process, hasn't been approved. Can I apply one more petition? Thank you. If the first petition is not approved, you have not been counted for the quota (yet.) Another employer would have to wait until your current H1 petition is approved, or, if it gets denied, the new employer could file from April 1, 2013 on, for a start date of Oct. 1, 2013. Link to comment
sattvic2780 Posted September 12, 2012 Author Report Share Posted September 12, 2012 Thank you very much. Link to comment
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