KAL17 Posted September 30, 2012 Report Share Posted September 30, 2012 Hi, Thanks for checking my query. My wife was having H1 visa and she got a RFE after that she had to go to INDIA and since RFE was not cleared she withdraw her H1 and came back to US on H4. Now my wife wants to do the job. so I would like to know if she has an offer with 'X' company. If 'X' company wants to apply for H1, Does this type of H1 come under yearly quota or not? Because the 'X' company was saying they can't apply as previous H1 was withdrawn and if they proceed it will be under new quota and this year quota is over and have to wait till next year. Can you please assist with my question? Thanks in advance. Regards Link to comment
JoeF Posted September 30, 2012 Report Share Posted September 30, 2012 The first H1 was not approved, so she hasn't been counted for the quota yet.A new employer can file an H1 for her from April 1, 2013 on, for a start date of Oct. 1, 2013. Link to comment
KAL17 Posted October 1, 2012 Author Report Share Posted October 1, 2012 Hi Joe, Thanks for your reply She worked on H1 for 4 years before, we had this issue when we applied for H1 extension. Link to comment
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