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H1 visa withdraw during 'decision' phase.

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  • H1 visa withdraw during 'decision' phase.

    A company has filed an H1 for me , it got picked in the lottery. but due to some personal reason, I have kept them on hold and the company has withdrawn the application. Now I see the status in USCIS as below:

    Now, does my H1 application would still be considered under CAP? Could I/my employer re-apply, such that I can move ahead with the rest of the steps?

    / **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **/
    We mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
    / **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **/

  • #2
    Please, can someone who has knowledge on this issue, answer this.

    Thanks in advance.

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    • #3
      Neep help, waiting for the reply. Please let me know whether the H1 appln of mine would still be considered under CAP, Can I approach any other employer who is willing to re-apply with total application fee(if needed).

      Thanks.

      Comment


      • #4
        You will not be cap-exempt since the petition was never approved.
        This is my opinion and not legal advice.

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