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Can I use Unused H1B pettion with my new employer?

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  • Can I use Unused H1B pettion with my new employer?

    Hi, I got my H1b Pettion approved(with employer AAA) under 2011 quota and got stamped april 2011 which is valid until october 2013. Due to some reasons my employer AAA unable to send USA. So now, aug,2012 I joined with new employer BBB. Now my prev employer AAA asking my H1b pettition documents for cancellation. my Questions are,

    1. even if AAA cancel my pettion, am I still cap exempt?

    2. My visa is valid still october 2013, but my pettion is going to be cancelled, Can I make use of it with my current emp BBB or with some other employer?

    3. What wiill happen to my visa after 2013 october, if I couldn't find any immediate H1B sponsor?

  • #2
    Originally posted by [email protected] View Post
    Hi, I got my H1b Pettion approved(with employer AAA) under 2011 quota and got stamped april 2011 which is valid until october 2013. Due to some reasons my employer AAA unable to send USA. So now, aug,2012 I joined with new employer BBB. Now my prev employer AAA asking my H1b pettition documents for cancellation. my Questions are,

    1. even if AAA cancel my pettion, am I still cap exempt?
    --- Yes
    2. My visa is valid still october 2013, but my pettion is going to be cancelled, Can I make use of it with my current emp BBB or with some other employer?
    --- Yes, but BBB will have to file a cap-exempt petition first and then you can use the existing Visa to travel.
    3. What wiill happen to my visa after 2013 october, if I couldn't find any immediate H1B sponsor?
    --- Visa in your passport will expire. But you will continue to remain cap-exempt for 6 years from the original filing.
    AAA does not need any documents from you for cancellation. At worst they will not give you experience letter if you don't cooperate with them. Anyway all you need for cap-exemption is a copy of the approval notice.
    See above.
    This is my opinion and not legal advice.

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