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New h1 petition without approved h1b ?

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  • New h1 petition without approved h1b ?

    My wife is on h4 visa and a desi employer applied for h1b visa in 2013 and unfortunately had 2 RFE's with decision still pending. She recently accepted a full time offer from a fortune company and their legal department is yet to reach her for immigration. My question is, can this new company use the existing h1 reciept number and apply a new h1b petition without having to wait till next April ?

    My thought is they cannot until h1 is approved and then do a transfer but my buddy says they can and explains that once a petition is picked in lottery, regardless of decision another petition can be filed.

    Please clarify. What are our options.

  • #2
    Can anyone reply to my question?