H1 picked in lottery but in initial review


akpal20

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Hi,

My employed filed my H1 last year, and my current status is H4. My application was picked in lottery, but it was neither approved nor rejected. It is in "Initial Review" even as of Feb 24, 2014. My employer mentioned that USCIS put the applications on hold for some reason. I have the receipt number from last year's application. Can I use that to be cap exempt this year? Or can that be of any to file my H1 again? Please suggest.

Thank you!

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Hi,

My employed filed my H1 last year, and my current status is H4. My application was picked in lottery, but it was neither approved nor rejected. It is in "Initial Review" even as of Feb 24, 2014. My employer mentioned that USCIS put the applications on hold for some reason. I have the receipt number from last year's application. Can I use that to be cap exempt this year? Or can that be of any to file my H1 again? Please suggest.

Thank you!

No, you are not cap exempt. It has to be approved first. Why don't you upgrade to PP? 

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My employer is not willing to do PP, because he is sure that the application will not be processed by USCIS, as all the applications from his firm are on hold.

Now, I am not sure, if a new employer will be able to file a new H1 this year while the old one is still in Initial Review.

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My employer is not willing to do PP, because he is sure that the application will not be processed by USCIS, as all the applications from his firm are on hold.

Now, I am not sure, if a new employer will be able to file a new H1 this year while the old one is still in Initial Review.

Well, looks like something shady with your employer if all applications from his firm are put on hold by USCIS. Find a new employer and they can file a cap subject H1B petition this year.

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My employer is not willing to do PP, because he is sure that the application will not be processed by USCIS, as all the applications from his firm are on hold.

Now, I am not sure, if a new employer will be able to file a new H1 this year while the old one is still in Initial Review.

That employer obviously is shady.

Find another, employer, a reputable one this time.

And avoid consulting companies.

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