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Can I file in this quota, when i have existing last years approved-but not yet stamp

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  • Can I file in this quota, when i have existing last years approved-but not yet stamp

    Hi
    I got an approval from "Company A" in 2008, but i have not recd the documents yet, from the employer. The reasons could be market slowdown,no client etc.. I can understand their situation too.

    Now there is a "Company B" who is keen in filing for this year ,Can I avail this opportunity with out informing them about the approval.or is this info required while filing for new quota.

    What if I get the papers from the "Company A" in coming month , and if I go to consulate for stamping in the same month ie April/May, while processing for new quota is going on, what will be the impact on current stamping and future.

    Please advice is it ok to do this. Here am playing safe, incase if "Company A" don't send the approval copy and other papers or even if they arrange to send and if visa is denied, then i will have one more approval from "Company B " with in couple of months, if everything goes fine.
    Thnx

  • #2
    Talk to Company A and ask for a approval copy. This way you won't have to apply under the new quota again. Read the FAQs in you are not clear on what I mean to say.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Thanks
      As i mentioned, if worst comes to worst, if i don't get thru visa stamping ,coz of prevailing situation, at least i will have one more fresh approval for coming year by that time. Pl. advice.

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      • #4
        Stamping is immaterial. You are cap exempt. No need to go through lottery again. You will unnecessarily spoil somebody else's chances.
        This is my opinion and not legal advice.

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        • #5
          Thanx for such a quick reply..
          You mean , even if i don't opt for transfer now and file it after quota get exhausted , am i still entitle for cap exempt ?.
          Pl. note am in a situation , where i don't have the copy of approval with me, but it is confirmed that it got approved. What is required from me to show or give it to prospective employer for this year, to exempt from cap.
          Sorry guys if am not able to interpret it properly, please elaborate.
          I really don't want to to spoil somebody's chance of getting h1 lottery, i can refrain from doing, provided if i get correct information before i file for this year.

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