h1b petition approved but not in a position to work

[priyahamsi]

Hi,

Currently I am on h4 status and got my h1b petition approved on nov 30th this year with consular stamping. But because of family concerns , now i am not in a position to go to india and get the visa stamping and do the job, i want to stay on h4 .

Can any one please tell me, if my employer withdraw my h1b ,can I apply for h1 later after 6 months ? will it comes under h1b lottery process of next year quota or not?

Thanks in advance..

[shervin143]

If you have a copy of the H1B approval notice, you can claim CAP counted even if the employer withdraws their petition.