ashising Posted October 31, 2012 Report Posted October 31, 2012 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 Posted October 31, 2012 Report Posted October 31, 2012 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 The chances of success may be slightly higher if a new petition is filed before the original petition is withdrawn.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.
Recommended Posts
Archived
This topic is now archived and is closed to further replies.