H1B Petition status

[pm_arunkumar]

Hi,

Company A has filed a H1B petition in 2012 and there was a RFE(Query) sent to the emloyer to provide additional information. But by december the company has withdrew the petition. when I checked the status of the petition online it says the following

 

"

On December 1, 2012, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of December 1, 2012, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision"

 

My question is:

1. Can I file a new H1B petition immediatly with cap exemption based on the above statement?

2. If I file a new H1B petition what are the evidence I should produce. If I produce the WAC number is it sufficient or do I have to have the copy of acknowledge decision made (Approved/denied) which was sent to the petitioner?

Please let me know on this.

 

Thanks in advance.

 

Regards,

Arunkumar

[jairichi]

I believe this is your first H1B. Since your employer ignored RFE (I assume) and withdrew the application you are not counted against cap. A new employer could file a H1B petition (cap subject) the earliest by April 2014

[pm_arunkumar]

Thank you for your reply. I do not under stand what the below lines are try to explain.

 

"During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision"

 

My question is:

1. Does it mean that I can apply for new H1b with the cap exemption or not?

2. Please explain exactly what they are trying to convey in this line "You can use our current processing time to gauge when you can expect to receive a final decision"?

 

Thanks in advance.

 

Regards,

Arunkumar

[jairichi]

If you have the receipt number call USCIS and ask for an update or else ask your old employer for details

[pm_arunkumar]

If you have the receipt number call USCIS and ask for an update or else ask your old employer for details

Thank you very much for you response. I appreciate your time.

 

Regards,

Arunkumar

[Narendra.Akula]

Hi Arun or any one.. 

same case of mine...

Company A has filed a H1B petition in 2014 April and there was a RFE(Query) sent to the emloyer to provide additional information. But by August 1st week the company has withdrew the petition. when I checked the status of the petition online it says the following

 

"Decision

On August 21, 2014, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of August 21, 2014, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision."

 

My question is:

1. Can I file a new H1B petition immediatly with cap exemption(not required to undergo random selection process) based on the above statement?

2. If I file a new H1B petition (can it be with a different employer) what are the evidence I should produce. If I produce the WAC number is it sufficient or do I have to have the copy of acknowledge decision made (Approved/denied) which was sent to the petitioner?

Please let me know on this.

 

Thanks in advance.

 

Regards,

Narendra

[jairichi]

Hi Arun or any one.. 

same case of mine...

Company A has filed a H1B petition in 2014 April and there was a RFE(Query) sent to the emloyer to provide additional information. But by August 1st week the company has withdrew the petition. when I checked the status of the petition online it says the following

 

"Decision

On August 21, 2014, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of August 21, 2014, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision."

 

My question is:

1. Can I file a new H1B petition immediatly with cap exemption(not required to undergo random selection process) based on the above statement?

2. If I file a new H1B petition (can it be with a different employer) what are the evidence I should produce. If I produce the WAC number is it sufficient or do I have to have the copy of acknowledge decision made (Approved/denied) which was sent to the petitioner?

Please let me know on this.

 

Thanks in advance.

 

Regards,

Narendra

1. You were never counted against cap and so you are not cap exempt.

2. Since your first H1B petition was withdrawn and so not counted against cap submitting any document is not going to make any difference.

 

Consult with a good attorney.