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Need Urgent Info on H1B Cap

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  • Need Urgent Info on H1B Cap

    I was on L1B and I worked for employer A till August 2012 , they filed for my H1B in April 2012 But i had to leave the job with Employer A in August 2012 and go straight back to India and then I joined Employer B immediately.
    I fortunately have the EAC Number, Now, When i check the status at USCIS website with my EAC number it says that the employer A withdrew your application and USCIS sent a withdrawn notice in October,
    (I assume the application was approved because it was already End of August when i resigned, But i did not get the Approval Notice).
    Now I am again in US for Employer B on L1B again started March 2014, The atmosphere in my current Company is not stable and i sense that i should change.
    I want to know whether New Employer C can file for a Cap-Exempt H1B for me or not?
    Please give me your expert suggestions as this will give me a big relief if its possible.

    Thanks in advance

  • #2
    Abhishek,

    Is there any formal communication (from USCIS) intimating approval of the H1B petition in question? In the absence of any communication, i do not feel it is right to 'assume' that there was an approval.

    I hope this helps. Personal opinion.

    Wishing you luck.

    Cheers,

    Originally posted by Abhishek Arya View Post
    I was on L1B and I worked for employer A till August 2012 , they filed for my H1B in April 2012 But i had to leave the job with Employer A in August 2012 and go straight back to India and then I joined Employer B immediately.
    I fortunately have the EAC Number, Now, When i check the status at USCIS website with my EAC number it says that the employer A withdrew your application and USCIS sent a withdrawn notice in October,
    (I assume the application was approved because it was already End of August when i resigned, But i did not get the Approval Notice).
    Now I am again in US for Employer B on L1B again started March 2014, The atmosphere in my current Company is not stable and i sense that i should change.
    I want to know whether New Employer C can file for a Cap-Exempt H1B for me or not?
    Please give me your expert suggestions as this will give me a big relief if its possible.

    Thanks in advance
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      There was no formal communication, You are right that its not correct to assume that it was approved,
      Even if it was denied, Can a new Employer file a Cap-Exempt H1B for me now?
      Last edited by Abhishek Arya; 11-20-2014, 01:14 AM.

      Comment


      • #4
        Abhishek,

        I am sorry but i have a different view here. If there is no H1B in place, the question of next petition being cap-exempt does not arise.

        Personal opinion, my friend. You might want to take an expert's opinion too. Wishing you luck.

        Cheers,

        Originally posted by Abhishek Arya View Post
        There was no formal communication, You are right that its not correct to assume that it was approved,
        Even if it was denied, Can a new Employer file a Cap-Exempt H1B for me now?
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment

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