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New H1b approved - withdrawn - Cap exempt?
Hi friends,
Got my 1st H1b approved last week (just the petition, no visa stamping yet), after the lottery took place. I'm outside of US. Never visited States and never got any visas.
1. If employer will withdraw my h1b petition after it was approved (i have 797 docs with me) will I be able to file new petition under "Cap exempt" with the new employer, let's say in a few months?
2. Am I eligible for Cap exempt for next 6 years if approved petition is withdrawn and never used ?
I know that i am eligible for Cap exempt for next 6 years if approved petition was never used or expired, but not sure if it applies to withdrawn petitions. Can someone please clarify?
I researched many topics and forums, and some people say "yes", some "no". The reason I am asking is that i have some problems with employer who filled that initial petition. I hope we will resolve them, but still just want to know my options.
Any input highly appreciated. Thanks.
Got my 1st H1b approved last week (just the petition, no visa stamping yet), after the lottery took place. I'm outside of US. Never visited States and never got any visas.
1. If employer will withdraw my h1b petition after it was approved (i have 797 docs with me) will I be able to file new petition under "Cap exempt" with the new employer, let's say in a few months?
2. Am I eligible for Cap exempt for next 6 years if approved petition is withdrawn and never used ?
I know that i am eligible for Cap exempt for next 6 years if approved petition was never used or expired, but not sure if it applies to withdrawn petitions. Can someone please clarify?
I researched many topics and forums, and some people say "yes", some "no". The reason I am asking is that i have some problems with employer who filled that initial petition. I hope we will resolve them, but still just want to know my options.
Any input highly appreciated. Thanks.
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