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Query Regarding Old Approved H1B Petition

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  • #16
    Originally posted by kabkaba View Post
    Even receipt notice is sufficient to show that you are cap-counted.
    I don't think a receipt will suffice (only if approved- will be ok) as a denial or non-approval puts the number back into the cap.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #17
      Originally posted by txh1b View Post
      I don't think a receipt will suffice (only if approved- will be ok) as a denial or non-approval puts the number back into the cap.
      Yeah, I meant receipt notice for an approved petition.

      However, USCIS never actually mentions approved petitions. They always talk about 'accepted' petitions in their news releases. I wonder if they place that cap number back. Since they stop at 65000 petitions on the last day more than 65000 are received, what happens to the ones that are denied? I am of an opinion that they waste those numbers.
      This is my opinion and not legal advice.

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      • #18
        Can anyone give me a confirmed answer on whether Receipt Notice is sufficient to show that you are cap-counted?

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        • #19
          Receipt notice of an approved petition is certainly sufficient. All USCIS needs to know is the receipt number.
          This is my opinion and not legal advice.

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          • #20
            Like mentioned, the receipt number from the approval notice is enough to prove that you are already CAP counted. But you need to be 100% sure that receipt number actually belongs to you.
            Not a legal advice. Use of this information is strictly at your own risk.

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            • #21
              Is there any validity period of the Petition? Mine is pretty old, filed back in year 2006, so I was concerned. Do you see any issue with this?

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              • #22
                One H1B CAP is good for 6 years. Unless you have used all 6 years in that CAP, you can always claim the rest of the period in that CAP. So you don't need to worry about the petition validity. The years spend in that CAP is what is important here.

                Originally posted by rkalsulkar View Post
                Is there any validity period of the Petition? Mine is pretty old, filed back in year 2006, so I was concerned. Do you see any issue with this?
                Not a legal advice. Use of this information is strictly at your own risk.

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                • #23
                  Thank you Shervin.

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