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H1 New Petition without CAP

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  • H1 New Petition without CAP

    Hi, I have got first H1 valid till Jan 2013 with company A and worked with them for 1 year 6 months and then I moved to UK and working in UK since May 2011. I would like to come back to US with Company B where they can transfer my H1, But company A said they cancelled my H1. Is it possible to transfer/file new H1 petition by Company B now or do we need to wait till Oct-2012 quota? Can you pls. confirm ASAP

  • #2
    It is possible for B to file a cap-exempt petition for you. You will need to provide them with a copy of the previous approval notice. It does not matter that A has withdrawn that petition.
    This is my opinion and not legal advice.

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