Tweet
Can I File a new H1B Petition for the 2021 Lottery while I am in the USA with H1B
First H1B field with Company A, after 2 Years moved to company B. H1B transfer Approved and Went to India for stamping and came back. On May 15th, 2020 USCIS sent intent to revoke notice for the First petition with Company A. I am planning to file a new petition for the 2021 Lottery, Can I file a new petition for 2021 while I am in H1B in the USA? Please advice. If yes what options we need to select while filling I129 form.
-
-
Hi,
Please see my response below.
Can I file a new petition for 2021 while I am in H1B in the USA?
Answer: If you want to file again under CAP, you will need to be outside for one year then can file under CAP. Since your base petition got NOID/ NOIR, you will need to clarify what happened that petition for now. If it gets denied, then yes you can file under CAP. But, you can not stay in the USA as you will not have any status. Because if base petition was denied then subsequent petition will not be valid.
Better, If you are still struck with this issues, Kindly have a discussion with Immigration Attorney who will provide exact solution for this.
Thanks
Comment