H1B petition withdrawn before the approval

[shama18]

Hello,

My employer filed my H1B this year and there is an RFE. Now my employer doesn't want to reply to my RFE and wants to withdraw the H1B petition.

In this case, will I still remain in the quota or will I still get the H1B Cap exempt benefit?

Can another employer file my H1B immediately?

Can I start working for another employer as soon as my H1 is filed or do I need to wait for 1st Oct.?

I would greatly appreciate your reply.

Thanks!

[rahul412]

Hello,

My employer filed my H1B this year and there is an RFE. Now my employer doesn't want to reply to my RFE and wants to withdraw the H1B petition.

In this case, will I still remain in the quota or will I still get the H1B Cap exempt benefit?

Can another employer file my H1B immediately?

Can I start working for another employer as soon as my H1 is filed or do I need to wait for 1st Oct.?

I would greatly appreciate your reply.

Thanks!

what's your current status?

If you are on H1 and still valid then you can find another employer.

[pontevecchio]

You need to be capped at least once.