H1B cap exempt

[rishaan07]

Here is my situation.. 

 

1. I am currently working for company "A" and I had my approved H1B (I-797) from "A" that was expired in Dec-2013.

 

2. I wanted to join in company "B" during the mid of last year and got another approved H1B from "B" (not yet stamped) using my old petition from company "A". But, I changed my decision due to some reason and not joined in company "B". And this new H1B petition is valid till Oct-2014. I think by now B must have cancelled the petition.

 

3. Company A does not know about this H1B transfer and about my intention to move to company B. Now, the company "A" is thinking to apply for an extension using its old petition (from "A")

 

4. I never traveled to US. 

 

Questions:

 

I) Can the company A still apply for H1B extension (or apply a new petition) using its original petition?

 

II) Do i need to submit copy of company B's petition papers to apply H1B extension from company A?

[jairichi]

 

Here is my situation.. 

 

1. I am currently working for company "A" and I had my approved H1B (I-797) from "A" that was expired in Dec-2013.

 

2. I wanted to join in company "B" during the mid of last year and got another approved H1B from "B" (not yet stamped) using my old petition from company "A". But, I changed my decision due to some reason and not joined in company "B". And this new H1B petition is valid till Oct-2014. I think by now B must have cancelled the petition.

 

3. Company A does not know about this H1B transfer and about my intention to move to company B. Now, the company "A" is thinking to apply for an extension using its old petition (from "A")

 

4. I never traveled to US. 

 

Questions:

 

I) Can the company A still apply for H1B extension (or apply a new petition) using its original petition?

 

II) Do i need to submit copy of company B's petition papers to apply H1B extension from company A?

 

1. Yes.

2. No.