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Can Withdrawn H-1B be re-opened??

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  • Can Withdrawn H-1B be re-opened??

    My Firm "A" filled my L-1B and H-1B (2013 cap) at the same time during Q1-2012.
    I got my L-1B approved before even H-1B response was received.
    Later there was a RFA received for my H-1B and my firm decided to withdrawn the case as I had approved Visa on L-1B.

    Now, is it possible to reopen the withdrawn H-1B case and try for approval. Please note H-1B was not declined but withdrawn by firm 'A'.

  • #2
    Originally posted by Zeb Khan View Post
    My Firm "A" filled my L-1B and H-1B (2013 cap) at the same time during Q1-2012.
    I got my L-1B approved before even H-1B response was received.
    Later there was a RFA received for my H-1B and my firm decided to withdrawn the case as I had approved Visa on L-1B.

    Now, is it possible to reopen the withdrawn H-1B case and try for approval. Please note H-1B was not declined but withdrawn by firm 'A'.
    Was H1 petition ever approved? If yes, it may be possible, if not then you were never cap counted hence you cannot claim cap exemption.

    This is my opinion not legal advice.

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