snilakan Posted June 15, 2015 Report Posted June 15, 2015 Hi All, Back in April 2010, my employer at the time had filed for an H1-B. On April 12th, 2010 my employer received an I797-C saying the petition was received. It has the WAC receipt number. At this point in time, I asked for the H1-B to be withdrawn as I decided to go back to school and needed to continue in F1 status. The withdrawal notice was sent on May 10th, 2010. I am not sure if an approval notice was received in that time or not. I have not been in touch with that employer since and I have a copy of the I797-C and the withdrawal letter. I was not selected in the H1B lottery this year. Is it possible to file a cap exempt petition based on the 2010 petition? I did not find any information about this scenario online. Many thanks.
jairichi Posted June 16, 2015 Report Posted June 16, 2015 If the petition was withdrawn then you cannot use that petition to be considered as cap exempt. Contact that employer and ask what happened with that petition.
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