csit1260 Posted February 24, 2018 Report Share Posted February 24, 2018 Hello All, I have a query regarding H1. In brief, about the case In 2014, I was working in India and a consulting company from USA had filed H1 and was approved for 3 years (Nov 14 - Sep 17). But during stamping (Dec 14), I was issued 221g blue for unable to provide the client letter. They asked me to email the required docs and told decision would be provided. The company was unable to provide the letter and we had to withdraw the petition. Later in 2015, I came to USA on F-1 and completed my masters and currently working as a full time employee on OPT. The present company is now planning to sponsor H1. Q1) Can the present company take the old expired petition to file new H1? Q2) Will I go through the lottery again or would it be cap-exempt ? Please help me. Thanks in advance. Link to comment
JoeF Posted February 24, 2018 Report Share Posted February 24, 2018 In 2014, USCIS clarified that unless you have an H1 visa or start working for the H1 employer in the US (if you are already in the US and change status), you are not considered counted in the quota. Link to comment
csit1260 Posted February 25, 2018 Author Report Share Posted February 25, 2018 Hello JoeF, Thanks for the response. I didn't understand it clearly. Could you please explain it again. Thank you Link to comment
JoeF Posted February 25, 2018 Report Share Posted February 25, 2018 The bottom line: Since you didn't start working for the employer nor got an H1 visa, you are not counted in the quota. A new employer can file an H1 for you in April with a start date of Oct. 1. Link to comment
giri26 Posted February 26, 2018 Report Share Posted February 26, 2018 6 hours ago, csit1260 said: Hello JoeF, Thanks for the response. I didn't understand it clearly. Could you please explain it again. Thank you That means that you were not cap counted and your new employer would need to file a new H1B petition this April. You cannot transfer or extend the application for which you were refused visa, since you never worked on H1 before, you were never in that status. Link to comment
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