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  • New H1B visa

    Employer X filed my H1b petition(extension to already used CAP, I used till 2010), and the petition is approved by USCIS till 2014. However, during the course of things, my potential association with X has soured and I will no longer be stamping/ using their H1b.
    New employer Y(also my permanent employer in India) wishes to file H1B for me. They have asked me to furnish all previous H1's(expired/approved etc). They know I am already cap counted from 2007-2010, and want to file H1 extension based on the same cap. This same CAP was used by employer X to file petition.

    My question is do I need to tell my employer Y, that I also got an approval from X while I was working for them. They might not like it, so is there a way I can just send previous petitions till 2010 and ignore the one I just got in 2011.

  • #2
    Any ideas guys?

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    • #3
      If you are outside the US, it will not matter. Just provide your employer with the latest approval notice (or all approval notices).
      This is my opinion and not legal advice.

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      • #4
        Thanks for the reply.
        Actually my question was - Is it OK not to provide the latest approval notice as its from employer X whom I am not joining and employer Y won't like the fact that X applied for me while I was working for them

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        • #5
          Like said, it does not matter if you are currently outside the US. Any one notice is sufficient to prove that you are cap-exempt.
          This is my opinion and not legal advice.

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