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  1. #1
    Join Date
    Oct 2007
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    5

    Default Filing a New H-1B Petition and the Annual Cap

    Quote Quoting Mr. Knowitall
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    You can enter until your visa expires. You cannot transfer your visa until it is stamped and you start working in the U.S., but you can get a visa through a different employer before that time.

    I am in a similar situation. I have a valid petition from Company A and the
    VISA is stamped on the Passport (start date Oct 1st 2007). A different
    company B is willing to file a 'new petition' before I enter US. Will this
    'new petition' be subject to CAP? If its not subject to CAP, how much time
    do we have to file this petition? Can this be filed anytime?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Filing a New H-1B Petition and the Annual Cap

    If you have an H-1B from a non-cap exempt employer, even if you haven't started, you have already been counted against the cap and thus the cap shouldn't affect the new petition.

  3. #3
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Filing a New H-1B Petition and the Annual Cap

    Thanks a lot.

    Is this going to be straight forward? Or attorneys from Company B will have to battle it with the USCIS? Is there any time limit for the Company B to file the new petition?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Filing a New H-1B Petition and the Annual Cap

    It shouldn't be a battle.

    We're talking about this year's cap, not next year's, so they would want to file the petition soon. Either that or you can start working at your current approved employer, get a few pay stubs, and "transfer" (assuming you wouldn't end up in a complicated contract situation with them for leaving the job.)

  5. #5
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Filing a New H-1B Petition and the Annual Cap

    For certain reasons I do not want to join company A. I would like to go with the new petition from company B. Company B is taking some time, but I would prefer to wait.

    In the process if Company A finds out or even otherwise cancels the petition they filed, will it affect my case? Will the new petition by the new Company B be rejected if it is filed after Company A has revoked my H1B?

    Thanks for the help.

  6. #6
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    Default Re: Filing a New H-1B Petition and the Annual Cap

    If the employer cancels your H-1B before the new petition is filed, the USCIS will add the spot back into the pool.

  7. #7
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Filing a New H-1B Petition and the Annual Cap

    Sorry, I did not understand what that means.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Filing a New H-1B Petition and the Annual Cap

    What was formerly your spot becomes available to others.

  9. #9
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Filing a New H-1B Petition and the Annual Cap

    Thanks for the help.

    Is there any way I can check if my current petition is valid?

  10. #10
    Join Date
    Sep 2005
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    Default Re: Filing a New H-1B Petition and the Annual Cap

    Other than asking your employer? You could try Customs and Border Protection, or see if somebody at an embassy or consulate will check.

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