H1 got Approved -> Lost Job --> New Employer willing to file H1 but Quota is full

[JaiGuru]

Hi,

My concern is that my H1 was filed by my previous employer - "EMPL-A" and it got approved.

But then I lost my job , and the EMPL-A didn't provide me any documents related to H1B(receipt, approval notice).

I am on OPT stem extension and my new employer - "EMPL-B" is willing to file a fresh H1B application but the quota is over.

The Application which EMPL-A had filed still show as 'Apporved' status on USCIS website.

Now is it possible to send the application from EMPL-B since the spot for me is already approved?

Will this application be cap-exempt?

Or

Since EMPL-A is going to withdraw the application, I cannot sent other application & will have to apply in the next year.

Really confused right now, some clarification is much appreciated.

Thanks.

[SameerH1Bworker]

Yes, if you've previous approved H1B petition's receipt number then its enough to transfer your H1B. You do not need original receipt.

And as you're already counted against cap then you don't have to worry about quota this year.

Talk to proper attorney & discuss with them.

[nineballs]

'Empl-B' can file a cap-exempt h1 petition for you this year. It doesn't matter if the empl-a withdraws your petition.

Since your original h1 start date is oct 1st and your status hasn't changed to h1, h1 petition withdrawal will have no affect on you.

Go ahead with empl-b. good luck.

[livliv]

Since the previous petition was approved (even if later withdrawn) you are cap-counted and you can claim exemption.

[wiweq]

"The Application which EMPL-A had filed still show as 'Apporved' status on USCIS website."

=> So you have the receipt no. Provide this to B to file your cap exempted H1b.

[JaiGuru]

Thanks you everyone for replying,

Yes I also did a consultation and the attorney to suggested the same.

Hope this info is also helpful to other.

Really Appreciate the help.

Best,

Hardy!!