tadi18 Posted May 7, 2014 Report Share Posted May 7, 2014 My wife is currently on h4 and we have applied for h1b last year. We had two RFE's and still decision pending. Recently, she got a full time opportunity with another company and accepted the offer. Their immigration team is yet to reach out to her for h1 petition. I had a question to this group, can this company use the receipt number of pending h1 and apply a new petition? Once approved, can she start working immediately? Link to comment
jairichi Posted May 7, 2014 Report Share Posted May 7, 2014 My wife is currently on h4 and we have applied for h1b last year. We had two RFE's and still decision pending. Recently, she got a full time opportunity with another company and accepted the offer. Their immigration team is yet to reach out to her for h1 petition. I had a question to this group, can this company use the receipt number of pending h1 and apply a new petition? Once approved, can she start working immediately? If the pending H1B petition is her first cap subject H1B petition then she needs to get it approved before another employer can file a cap exempt H1B petition (H1B transfer) Link to comment
rahul412 Posted May 7, 2014 Report Share Posted May 7, 2014 My wife is currently on h4 and we have applied for h1b last year. We had two RFE's and still decision pending. Recently, she got a full time opportunity with another company and accepted the offer. Their immigration team is yet to reach out to her for h1 petition. I had a question to this group, can this company use the receipt number of pending h1 and apply a new petition? Once approved, can she start working immediately? No that's not possible. New employer either has to file new H1 on April 1st or file for H1 transfer after the initial H1 is approved. Link to comment
JoeF Posted May 7, 2014 Report Share Posted May 7, 2014 No, that's not possible. She would have to have an approved H1 before another employer can file a transfer. Link to comment
tadi18 Posted May 8, 2014 Author Report Share Posted May 8, 2014 I have been reading through and found this content. Please read the section "eligible CAP petitions". It states that pending petitions are eligible. Does this mean the new employer can now file another h1? http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2015-cap-season Link to comment
JoeF Posted May 8, 2014 Report Share Posted May 8, 2014 I have been reading through and found this content. Please read the section "eligible CAP petitions". It states that pending petitions are eligible. Does this mean the new employer can now file another h1? http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2015-cap-season No.That sentence just gives a definition what "Cap eligible petitions" are. It has nothing to do with your wife's situation. Unless she has an APPROVED petition, a new employer can NOT file anything. Period. Link to comment
jairichi Posted May 8, 2014 Report Share Posted May 8, 2014 I have been reading through and found this content. Please read the section "eligible CAP petitions". It states that pending petitions are eligible. Does this mean the new employer can now file another h1? http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2015-cap-season To move to a new employer your cap subject H1B petition has to be approved. Link to comment
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