Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  


Recommended Posts

I am having a valid L1 Blanket visa from company x(approved in Jan 2012). Travelled to USA for 1 week in Jan2 012 and returned.

Also same Company X also filed and H1b Petition approved on 5th Sep 2012, but NO visa stamping done.

Now the assignment is cancelled and company is filing to withdraw the H1b petition.

I am still working in INDIA with company X.

My questions are

Q1:- If some other company Y wants to sponsor H1b for me, is it allowed?

Q2: Can I use the same receipt number and apply for Cap-Exempt H1b or or I need to wait for April 2013 for new quota.

Q3: Do I need to wait until withdrawl is complete before making a new application



Share this post

Link to post

Generally, once the employer requests withdrawal of the petition it can no longer be used by the Beneficiary to apply for a visa or work in the United States. A new employer could file a new H1B petition and argue you have been counted against the cap; however, USCIS may argue you are subject to the cap because a visa was never issued and you were never present in the U.S. on H1B status. The chances of success may be slightly higher if a new petition is filed before the original petition is withdrawn. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the options available to you.

Share this post

Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this