Petition CAP year

[daytona]

Hi

Employer A applied a new H1B petition and worked in USA from June 2007 to April 2009.Before going to india, i transferred my H1 to employer B and it got approved upto Dec 2011

My visa got approved on Apr 2011(emp b) and travelled to USA.Extension(new petition-not sure) applied in the month of October and i think at that time H1B quota(2012) is not reached.

How can i check that approved petition falls under 2012 H1B quota or not?


Please advise.

Thanks

[raghvi]

Hi

Employer A applied a new H1B petition and worked in USA from June 2007 to April 2009.Before going to india, i transferred my H1 to employer B and it got approved upto Dec 2011

My visa got approved on Apr 2011(emp b) and travelled to USA.Extension(new petition-not sure) applied in the month of October and i think at that time H1B quota(2012) is not reached.

How can i check that approved petition falls under 2012 H1B quota or not?


Please advise.

Thanks

You are confusing extension with new petition, both are different things. First determine, if Employer B filed a new petition or used A's petition to file a cap exempt petition for you.

If it was a extension of A's petition I dont think it matters when the extension was applied. You technically still belong to the cap of the initial petition.

If you are working for B they should be able to tell you whether it was a cap exempt petition or new on in April 2011. If you travelled much before October 2011 then I would not be sure if that was a 2012 cap petition.

This is my opinion not legal advice.