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Background:
I work at a software services company A in India. My H1B lottery got selected this year in April 2022. My company has applied for I-129 and it is approved. Stamping not yet done (Unknown Consular processing date).
Meanwhile I got another job offer from US company B in USA and I want to join Com-B:
Questions
1. Since my application is approved, would my H1B be assumed to be counted in H1B cap this year and later company B can apply for H1B under cap exempt category?
2. If I resign now, can company B apply for another I-129 immediately based on I797 approval?
I work at a software services company A in India. My H1B lottery got selected this year in April 2022. My company has applied for I-129 and it is approved. Stamping not yet done (Unknown Consular processing date).
Meanwhile I got another job offer from US company B in USA and I want to join Com-B:
Questions
1. Since my application is approved, would my H1B be assumed to be counted in H1B cap this year and later company B can apply for H1B under cap exempt category?
2. If I resign now, can company B apply for another I-129 immediately based on I797 approval?
