praveen.yenegalla Posted November 19, 2013 Report Share Posted November 19, 2013 H1B applied on 06 April 2013 and got the approval in 04 Nov 2013 and went for interview, due to project problem they have given a option to withdraw the petition, in that situation i dont have any other option so i just applied for the withdraw. Q. in this case can i use the same cap to apply new petitioner/ employer or do i need to wait for next year 2014 cap. Q. Can i apply the new petition with same cap with new employer. Please help me. Thanks in advance. Link to comment
jairichi Posted November 19, 2013 Report Share Posted November 19, 2013 H1B applied on 06 April 2013 and got the approval in 04 Nov 2013 and went for interview, due to project problem they have given a option to withdraw the petition, in that situation i dont have any other option so i just applied for the withdraw. Q. in this case can i use the same cap to apply new petitioner/ employer or do i need to wait for next year 2014 cap. Q. Can i apply the new petition with same cap with new employer. Please help me. Thanks in advance. 1. You can use the same cap. 2. Yes, your new employer can. Link to comment
t75 Posted November 19, 2013 Report Share Posted November 19, 2013 You do not need to go through the quota again. Your new employer will use your old approval notice for filing of new petition. Link to comment
praveen.yenegalla Posted November 20, 2013 Author Report Share Posted November 20, 2013 Thank you every one Regards, Praveen Y. Link to comment
praveen.yenegalla Posted November 20, 2013 Author Report Share Posted November 20, 2013 Q. is there any time limit use the cap, means that searching the new employer to file the new petition. Q. Currently i don't have any original i797 and i129 copy with me, they have collected the documents at consulate. that could be any problem? Regards, Praveen Y. Link to comment
itsmeusa Posted November 20, 2013 Report Share Posted November 20, 2013 Hi praveen.yenegalla 1. A person who has an H1 approval under the cap in the last 6 years is not counted again. So you have ample time. 2. As long as you have copy of I-797 approval, you are all set. No one would ask I-129 to file H1b petition. Link to comment
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