H-1B Query

[rythmic1256]

Hi all ...

I was employed in a company in July 09 and they had applied for my H-1B which was approved but for some reason, I had to resign and cancel my H-1B in September. Since I had just graduated, I went back to OPT and am currently working for an employer on OPT.

I wanted to know if now I need to apply for H-1B, do I have to do that in April under the H-1B quota ?? One of my friend told me that since my previous H-1B was approved and revoked later, I can apply for my H-1B anytime and need not apply in April.

I wanted to know if this is true. Any help would be greatly appreciated.

[shervin143]

That is correct. Any employer can apply for a new H1B petition on your behalf using the existing CAP. So no need to wait till April. However, you will need a copy of the previous H1B approval notice (or atleast the receipt number) to prove that you are already CAP counted.

[rythmic1256]

Thanks for the reply, but am not sure if i have the approval doc. I definately have the document that says the H-1B was cancelled. Will that work ?

[shervin143]

You need the receipt number from the approval notice to prove that you are CAP counted.

Thanks for the reply, but am not sure if i have the approval doc. I definately have the document that says the H-1B was cancelled. Will that work ?

[juniorbansal]

You would need the approval notice. Receipt number alone might not help

[shervin143]

This is not true. If you are 100% sure that the receipt number belongs to you, then you are all good.

You would need the approval notice. Receipt number alone might not help

[abhayg4]

Hi,

For any H1 application (New/Extension/renewal etc....)- In the main application - you just need to fill the RECEIPT NUMBER of any previously filed application/petition
So when the complete package is sent to USCIS - employer/attroney generally attach the photcopy of the complete approval notice also as a Supporting document/proof.

So , it is not MANDATORY to have the complete approval notice for filing the application- but it is good to have

Thanks and Regards,
Abhay

[rythmic1256]

Thanks a lot guys ... that really helps.

Had one more question though

For how long will i be able to hole this H-1B number that I have.
I had got it approved in June 2009 .... can I hold it till October 2011 .. (this is when my OPT will be over ... the extended opt)

[shervin143]

Until the petition expiry date.

[rythmic1256]

What did u mean by petition date ??

where can I find it ?