Approved h1b petition

[Karthikeyan_Div]

Can i make use of my existing approved h1b petition (filed by company A) to file a new h1b petition from a new company B? If yes, what's the process/procedure and can I apply/file h1b petition at any time? I have only the receipt number of my approved petition. Will this be enough?

My h1b petition was approved in Year 2008 and valid till Aug 2011. I didn't make use of it as my sponsoring company is not doing well.

[shervin143]

Yes. Any new H1B sponsor can use the CAP from the old petition to file a new one under the same CAP.

[Karthikeyan_Div]

Thanks shervin143.

My new company initiated the h1b filing for this 2011 quota but unfortunately the cap has reached. I am assuming that i can use my existing cap to apply now. Can you refer the name if any for this process, as i have to talk to my company about that?

Thanks,

[shervin143]

You don't need a new CAP. You can use the old CAP to file a new petition. You will get 6 years - whatever time that is already spent in that H1B CAP. You will need to provide the new employer a copy of the old H1B approval notice or at least receipt number (If you know for sure that receipt number belongs to you).

Thanks shervin143.

My new company initiated the h1b filing for this 2011 quota but unfortunately the cap has reached. I am assuming that i can use my existing cap to apply now. Can you refer the name if any for this process, as i have to talk to my company about that?

Thanks,

[Karthikeyan_Div]

Thanks shervin143.

[Karthikeyan_Div]

Hi shervin143,

I came to know that my sponsporing company who filed my h1b in 2008 has shut down his business. Will this impact if i make use of this petition (applied via that employer) for the cap exemption now while filing a New H1b by new a employer?

Please advise.

[shervin143]

That is not a problem. You can still use that CAP.

[hacknet]

Hi

I have similar situation. I am currently working in USA on L1 for company A.
I have approved petition filed by company B in 2007 (expired in Sep 2010).
Can compay C use that Cap to file new H1 and can start working before
Oct 2011.

[shervin143]

How many years have you completed in that H1B CAP (H1B + L1 combined)? If you still have time left in that CAP (6 years minus time spend in H1B status minus time spend in L1 status now) then YES you can use that CAP to file a new H1B petition with Company C and start working upon its approved (before Oct 1st). You will get only the remaining period and not all 6 years.

[hacknet]

Its being 2-1/2 years, i am working on L1. So still more than 3 years are remaining in (H1 + L1) cap. Since i am already in USA, may it cause denial?

[shervin143]

No.

Since i am already in USA, may it cause denial?