H1B Application 2014 withdrawn. Reuse in 2015

[zivin30]

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 So on 11/13/13 my application was withdrawn.In the USCIS website the status is updated as "withdrawn" and also mentions that --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 response. Thank you in advance.

 

Regards,

Zivin

[jairichi]

 

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 So on 11/13/13 my application was withdrawn.In the USCIS website the status is updated as "withdrawn" and also mentions that --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 response. Thank you in advance.

 

Regards,

Zivin

 

1. No. Only if it was approved under cap your future H1B petitions are cap exempt. Mere selection in lottery does not offer that privilege.

2. As USCIS stopped accepting cap subject H1B petition for FY 2015 from today, an employer can file only in April 2015.