H1 withdrawal on Premium processing

[Peterpual]

My employer responded to my H1B request for evidence (RFE) with a withdrawal letter. How long will it take to receive a confirmation letter stating the withdrawal was accepted? The H1B petition was done on premium processing.

If the employer has not received the confirmation letter stating the withdrawal was completed, can another employer apply for the H1B for the same employee? The new employer is cap exempt.

[shervin143]

Unless the petition gets approved, you are not considered to be CAP exempt. The new employer will need at least a copy of the approval notice to file the transfer.

[Peterpual]

Unless the petition gets approved, you are not considered to be CAP exempt. The new employer will need at least a copy of the approval notice to file the transfer.

Sorry, I will explain better. The new company is not limited by a cap not me.

. The petition was selected in the lottery
. Request for evidence was sent by USCIS
. The company then sent a withdrawal letter
. Withdrawal has not been confirmed by USCIS

Can the new company submit a petition if the previous withdrawal request has not been confirmed?

[shervin143]

What kind of petition are you taking about (H1B Transfer or a brand new H1B petition that is subjected to CAP?). Do you have an approved H1B petition (The one that was approved within the last 6 years?) and do you have a copy of that approval notice with you. If the answer is NO, then a transfer is not possible. The new employer can file a brand new H1B petition that is subjected to CAP when the quota opens next April.

Sorry, I will explain better. The new company is not limited by a cap not me.

. The petition was selected in the lottery
. Request for evidence was sent by USCIS
. The company then sent a withdrawal letter
. Withdrawal has not been confirmed by USCIS

Can the new company submit a petition if the previous withdrawal request has not been confirmed?