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New H1 out of cap based on old receipt notice and without petition copy

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  • New H1 out of cap based on old receipt notice and without petition copy

    Hi ,

    I had applied for H1 from a different company (company B) and as per USCIS the petition was approved and sent back to my employer on july 1st 2008.
    But before getting approval on my H1 my L1 got approved from my current company(Company A) and I travelled to US in 2008. I was in Us from 2008 to 2012 intermittenttly for approx 2.5 years. And I never utilized my H1, and got stamping done on my passport.

    Currently All I have on my H1 approval is the receipt notice and using the reciept number USCIS website tells me that the petition was approved. But I do not have the petition approval . Now the company B who filed my H1 is most likely closed and I am not getting any response from any of them.

    If my current company A or any new company C has to apply for my H1 out of cap (i.e. outside of lotttery) do they need my H1 approval notice or can the application be filed against the receipt notice and the receipt number currently i have.

  • #2
    Originally posted by alokverma08 View Post
    Hi ,

    I had applied for H1 from a different company (company B) and as per USCIS the petition was approved and sent back to my employer on july 1st 2008.
    But before getting approval on my H1 my L1 got approved from my current company(Company A) and I travelled to US in 2008. I was in Us from 2008 to 2012 intermittenttly for approx 2.5 years. And I never utilized my H1, and got stamping done on my passport.

    Currently All I have on my H1 approval is the receipt notice and using the reciept number USCIS website tells me that the petition was approved. But I do not have the petition approval . Now the company B who filed my H1 is most likely closed and I am not getting any response from any of them.

    If my current company A or any new company C has to apply for my H1 out of cap (i.e. outside of lotttery) do they need my H1 approval notice or can the application be filed against the receipt notice and the receipt number currently i have.
    A good legal team should be able to do so with receipt notice number too.

    This is my opinion not legal advice.

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