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My wife is on h4 visa and a desi employer applied for h1b visa in 2013 and unfortunately had 2 RFE's with decision still pending. She recently accepted a full time offer from a fortune company and their legal department is yet to reach her for immigration. My question is, can this new company use the existing h1 reciept number and apply a new h1b petition without having to wait till next April ?
My thought is they cannot until h1 is approved and then do a transfer but my buddy says they can and explains that once a petition is picked in lottery, regardless of decision another petition can be filed.
Please clarify. What are our options.
My thought is they cannot until h1 is approved and then do a transfer but my buddy says they can and explains that once a petition is picked in lottery, regardless of decision another petition can be filed.
Please clarify. What are our options.
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