2013 H1b petition is still pending

My H1b petition filed in May 2012 is still pending. Should I apply for new H1b for 2014?Does anyone has the idea what could be reason for the delay. I contacted my employer and he says that healready created service request and USCIS will take action on it. When my employer called USCIS they are not providing any relevant information rather saying “your application is in review, you’ll get the decision in mail”. In case my H1b 2013 gets approved can i withdraw my new petition. Please advice what to do in this situation.

Thanks, Supriya

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They will eventually process the petition, but it can take sometime (don’t know how much more).

If you want to apply in next cap, then you don’t need to withdraw the old H-1 petition. Maybe the old one will be processed before the next one and you can go for stamping or travel to US even before Oct 2013.

Thanks Saurabh, but I am in already in US on H4 and in case my old petition gets approved with consular processing and new one(H4 to H1 COS PP) is in process would it be appropriate to travel to India for stamping and take risk on old as well as new petition? Need your expert advice.
Also, today I see my USCIS status shows below message, any ideas what it looks like:

“At this time USCIS cannot provide you with information for your case. Please contact the NSCS 1 (800) 375-5283 for additional information.”


You will be filing the new petition in new cap. So it won’t become effective until Oct 2013. If the new one is approved, it will become effective immediately (pending COS or stamping).

So if you travel to India for stamping and have both petitions approved, then it depends upon the month of travel. If you go in Sep, then you can use the new petition and start work in Oct. If you go in June, then you can use the old petition and start work in June itself.

Does that clarify?