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Prior Petition Withdrawn. Reuse in 2015

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  • Prior Petition Withdrawn. Reuse in 2015

    hi, I filed for a H1B 2014 through an employer and was selected in the lottery. I received an RFE on 7/30/13. The new employer had quoted a very low salary and was trying to exploit the situation as they were filing for my H1.I was not confident of the employer's history so I asked them to withdraw my petition and told I was not interested. So on 11/13/13 my application was withdrawn.In the USCIS website the status is updated as "withdrawn" and also mentions that --> "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."

    My questions :

    1. Can I use the prior status of lottery selection and don't have to go for the lottery in 2015 ?
    2. Can I file for my H1b 2015 using the prior petition with another employer ?

  • #2
    Originally posted by Zivin30 View Post
    hi, I filed for a H1B 2014 through an employer and was selected in the lottery. I received an RFE on 7/30/13. The new employer had quoted a very low salary and was trying to exploit the situation as they were filing for my H1.I was not confident of the employer's history so I asked them to withdraw my petition and told I was not interested. So on 11/13/13 my application was withdrawn.In the USCIS website the status is updated as "withdrawn" and also mentions that --> "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."

    My questions :

    1. Can I use the prior status of lottery selection and don't have to go for the lottery in 2015 ?
    2. Can I file for my H1b 2015 using the prior petition with another employer ?
    1. Yes possible.
    2. Yes possible.

    This is my opinion not legal advice.

    Comment


    • #3
      Prior Petition Withdrawn. Reuse in 2015

      Hi Raghvi - Appreciate your response.

      So I will be Cap exempt for 2015 H1B ?

      Regards,
      Zivin

      Comment


      • #4
        I am assuming your H1 petition hasnt been filed as of yet. A Cap subject petition for 2015 can no longer be filed this year as USCIS has closed the window.

        But as you were cap counted earlier, another employer can take the previous H1 receipt number and file a cap exempt petition for you.

        This is my opinion not legal advice.

        Comment

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