H1B Application picked up - with old employer.


sivi3883

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Hello,

I am working for Employer A in India and I had given my resignation a few days back as I got a good offer. Currently, I am in the notice period with Employer A. Surprisingly, I came to know that my employer had applied for H1B Visa and luckily it got picked up too. Now I am not sure whether its a good decision to move to the new company or not. Here are my questions and it would be really helpful if you could throw your suggestions. 

 

1) If I move to the new company and if my new employer initiates H1B next year, will I still go through the lottery process? Asking this, since my application got picked up already.

2) If I move to the new company and if my new employer initiates H1B next year, will there by cap exemption only if I have the approved petition or is it enough if my application is already picked up in the lottery process previously?

3) I might stay with Employer A based on your inputs for 1) and 2) above. But at the worst case if I still move to the new company will it create bad remarks in my H1B history or something. Might be a dumb question but still wanted to clarify.

 

Please let me know your inputs.

 

Thanks,

Vicky 

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Hello,

I am working for Employer A in India and I had given my resignation a few days back as I got a good offer. Currently, I am in the notice period with Employer A. Surprisingly, I came to know that my employer had applied for H1B Visa and luckily it got picked up too. Now I am not sure whether its a good decision to move to the new company or not. Here are my questions and it would be really helpful if you could throw your suggestions. 

 

1) If I move to the new company and if my new employer initiates H1B next year, will I still go through the lottery process? Asking this, since my application got picked up already.

2) If I move to the new company and if my new employer initiates H1B next year, will there by cap exemption only if I have the approved petition or is it enough if my application is already picked up in the lottery process previously?

3) I might stay with Employer A based on your inputs for 1) and 2) above. But at the worst case if I still move to the new company will it create bad remarks in my H1B history or something. Might be a dumb question but still wanted to clarify.

 

Please let me know your inputs.

 

Thanks,

Vicky 

1. It is surprising that you did not know employer A applied H1B for you. If employer A withdraws H1B petition before approval then you will need to go through lottery again next year. 

2. Refer 1.

3. No issue with respect to H1B.

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1) If I move to the new company and if my new employer initiates H1B next year, will I still go through the lottery process? Asking this, since my application got picked up already.

2) If I move to the new company and if my new employer initiates H1B next year, will there by cap exemption only if I have the approved petition or is it enough if my application is already picked up in the lottery process previously?

3) I might stay with Employer A based on your inputs for 1) and 2) above. But at the worst case if I still move to the new company will it create bad remarks in my H1B history or something. Might be a dumb question but still wanted to clarify.

 

1.If its approved then your next H1 will be cap exempt.

2.Yes

3. No it won't.

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