zivin30 Posted April 7, 2014 Report Share Posted April 7, 2014 hi, I filed for a H1B 2014 through an employer and was selected in the lottery. I received an RFE on 7/30/13. The new employer had quoted a very low salary and was trying to exploit the situation as they were filing for my H1.I was not confident of the employer's history so I asked them to withdraw my petition and told I was not interested. So on 11/13/13 my application was withdrawn.In the USCIS website the status is updated as "withdrawn" and also mentions that --> "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."My questions :1. Can I use the prior status of lottery selection and don't have to go for the lottery in 2015 ?2. Can I file for my H1b 2015 using the prior petition with another employer ? Appreciate your advise on the situation. Thanks, Zivin Link to comment
jairichi Posted April 8, 2014 Report Share Posted April 8, 2014 hi, I filed for a H1B 2014 through an employer and was selected in the lottery. I received an RFE on 7/30/13. The new employer had quoted a very low salary and was trying to exploit the situation as they were filing for my H1.I was not confident of the employer's history so I asked them to withdraw my petition and told I was not interested. So on 11/13/13 my application was withdrawn.In the USCIS website the status is updated as "withdrawn" and also mentions that --> "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." My questions : 1. Can I use the prior status of lottery selection and don't have to go for the lottery in 2015 ? 2. Can I file for my H1b 2015 using the prior petition with another employer ? Appreciate your advise on the situation. Thanks, Zivin 1. No. Only on approval your future applications are cap exempt. 2. No. As by 8th April 2014 USCIS would have stopped accepting new cap subject H1B petitions. Link to comment
zivin30 Posted April 8, 2014 Author Report Share Posted April 8, 2014 Hi Jairichi - Thank you for your response. My only question is on the statement below in USCIS website. Will I only be able to revive the application if I go through the same employer that filed it ? Appreciate if you can add further clarity if you are aware of this. "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." Regards, Zivin Link to comment
zivin30 Posted May 26, 2014 Author Report Share Posted May 26, 2014 Hi Jairichi - Thank you for your response. My only question is on the statement below in USCIS website. Will I only be able to revive the application if I go through the same employer that filed it ? Appreciate if you can add further clarity if you are aware of this. "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." Regards, Zivin Link to comment
JoeF Posted May 27, 2014 Report Share Posted May 27, 2014 Hi Jairichi - Thank you for your response. My only question is on the statement below in USCIS website. Will I only be able to revive the application if I go through the same employer that filed it ? Appreciate if you can add further clarity if you are aware of this. "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." Regards, Zivin The application is dead. It can not be "revived" in any form. Period. An employer can file a new H1 petition for you the next time the quota opens, i.e., in April 2015, for a start date of Oct. 1, 2015. Link to comment
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