H1B WITHDRAWL EFFECTS

[ashising]

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

Thanks

Ashish

[Attorney_10]

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 The chances of success may be slightly higher if a new petition is filed before the original petition is withdrawn.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.