H-1B petition approved, then withdrawn. Cap exemption or not? URGENT

[liukunofrice]

Hello everyone,

I am in US currently. I was working for Employer A from last May to last August in US. They helped me apply for H-1B at that time and the petition was approved (I have the approval notice). Then, I resigned that job last August and went back to school to continue my PhD program. Meanwhile, I asked Employer A to withdraw my H-1B petition and it was withdrawn before Oct 1st, 2012. Therefore, my H-1B has never been activated, i.e. my F-1 status has never been changed.

This year, I got an offer from Employer B and the quota for H-1B was just filled this Friday and I cannot jump into the lottery. Can I use my H-1B petition which was approved last year, although it was withdrawn? Does it require that the petition/application receipt number still exsits?

My OPT will expire in the end of this December and Employer B is not E-Verified. Thus, I cannot apply for OPT extension.

Thank you very much for your help and I am eager to hear your response!

Many thanks!

[wiweq]

Once you have counted towards quota with approved H1b you will be cap exempted for total 6 years on H1b status. In your case, you can your previous H1b for filing next H1b. You are not supposed to ask to your employer to revoke H1b. Who paid for this H1b?

[petey2428]

Hello everyone,

I am in US currently. I was working for Employer A from last May to last August in US. They helped me apply for H-1B at that time and the petition was approved (I have the approval notice). Then, I resigned that job last August and went back to school to continue my PhD program. Meanwhile, I asked Employer A to withdraw my H-1B petition and it was withdrawn before Oct 1st, 2012. Therefore, my H-1B has never been activated, i.e. my F-1 status has never been changed.

This year, I got an offer from Employer B and the quota for H-1B was just filled this Friday and I cannot jump into the lottery. Can I use my H-1B petition which was approved last year, although it was withdrawn? Does it require that the petition/application receipt number still exsits?

My OPT will expire in the end of this December and Employer B is not E-Verified. Thus, I cannot apply for OPT extension.

Thank you very much for your help and I am eager to hear your response!

Many thanks!

Hi there!

 

Did you end up applying for a cap exempt petiton? Did it go through?