H1B withdrawn after I-797C receipt

[snilakan]

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 At this point in time, I asked for the H1-B to be withdrawn as I decided to go back to school and needed to continue in F1 status.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]

If the petition was withdrawn then you cannot use that petition to be considered as cap exempt.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.

[livliv]

No, you cannot.