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  • H1B Petition Withdrawl Effects

    I am having a valid L1 Blanket visa from company X. Same Company X also filed and H1b Petition approved on 5th Sep 2012, but NO visa stamping done and i am still in INDIA.
    Now the assignment is cancelled and company is filing to withdraw the H1b petition.

    My questions are

    Q1:- If some other company Y wants to sponsor H1b for me, is it allowed?

    Q2: Can I use the same receipt number and apply for Cap-Exempt H1b or or I need to wait for April 2013 for new quota.

    Q3: Do I need to wait until withdrawl is complete before making a new application

    Thanks
    Ashish

  • #2
    1. Yes
    2. You are cap exempt
    3. No.

    Comment


    • #3
      H1B Petition Withdrawl Effects

      Thanks Binoca82,

      Same is my understanding. However, i am getting two different views from different attorney.

      Attorney who processed my H1b petition and also withdrawal says "Yes, you may use the same receipt number and be cap-exempt. "
      However, another attorney at avvo.com says "There are no more H-1B visas left in this fiscal year and the withdrawal of present H1-b employer makes you subject to the annual cap."

      Now that's confusing.
      please suggest



      Originally posted by binoca82 View Post
      1. Yes
      2. You are cap exempt
      3. No.

      Comment

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