Employer sent application more than 6 months in advance

[g0at]

Hello,

My situation is that my employer has sent the H1b application more than 6 months in advance to USCIS. Because of this, we havent received a receipt yet.

My question is that currently, we are within the 6 month period, do we have to resend the application or will USCIS just use the previous application.

Any response will be helpful.

Thank you!!

[wiweq]

" do we have to resend the application or will USCIS just use the previous application"

=> It seems you are actively helping your employer in filing your H1b. Just a reminder, paying H1b fees by beneficiary is illegal.

Let your employer do their work, they have pay for this, and H1b is totally their property. If they are unaware of H1b regulations, refer them an attorney or change the employer.

This post may not be your answer but could help you to get the answer.

[g0at]

" do we have to resend the application or will USCIS just use the previous application"

=> It seems you are actively helping your employer in filing your H1b. Just a reminder, paying H1b fees by beneficiary is illegal.

Let your employer do their work, they have pay for this, and H1b is totally their property. If they are unaware of H1b regulations, refer them an attorney or change the employer.

This post may not be your answer but could help you to get the answer.

Thank you, and no I'm not actively helping them. I am just doing my research to keep myself informed of possible reasons for delays. The only information I received from them was of the start date and the application being sent earlier. I apologize if language in the original posting was misleading.

[wiweq]

Ask your employer to call to USCIS about the status of last filing and steps to solve the issue. Though, it's tough for USCIS to comment anything without receipt, they are the best to assist you. Your employer cannot file another H1b for you because multiple H1b filing for same beneficiary is against H1b regulations. I would suggest, wait for some more time and see if they get the receipt for first filing. I wonder why did they file before 6 moths? Are they no aware about H1b regulations?