got selected in lottery in May 2016 but have to resign my company before Stamping

USA H1B Visa
1

Hello All,

I got selected in H1B lottery in May 2016, but am resigning my company before petition approval & stamping.

All i have is lottery selected receipt number

Am going to take break for 2 years, After 2 years want to get into IT again.

Will my selected lottery number useful at that time in any company for cap-exemption ?

Please suggest.

Thanks

2

Only if the petition is approved, you can avail cap-exempt petition in future. If you resign now, and the employer withdraws the petition (before it is approved), then you need to go through the cap again.

3

Thanks Saurabh.
If my petition is approved and get the petition number. Can I use this petition number after 2 years to avail cap exempt ?

In approved petition will there be information about validity date ?

4

The approved petition has its own validity date mentioned on the approval document. However, you should be able to avail cap-exempt petition within 6 years of original approval date. Recently, USCIS approved some cases where original approval was more than 10 years ago.

5

Thanks again Saurabh, Sorry my last question :slight_smile:
I have already resigned from my company after they submitted my petition for approval.
If my petition is approved, is that any way i can get the approval petition from since i cannot contact my company (e.g. directly from U.S websites or Office ?)

6

Employer is the place to go to in order to receive the approval document. There is a chance that they will send a letter to USCIS to withdraw the petition even before it gets approved.

I have seen some people talking about FOIA to get the approval document but don’t know anyone who has followed through on it. Worth a try. Look-up FOIA online.

7

Also, if you don’t have the approval notice; you can still go for cap-exempt petition using the receipt number and print out of online status showing it as approved.

8

This is strange that after 10yrs it’s considered Cap exempt. I got my h1b in 2006 and lived in US between 2007 and March 2008 on h1b and then never went to US again. So are you saying, even though it’s 10 yrs, on a case to case basis there is a remote chance that USCIS may consider me as Cap exempt ? Is this a possibility at all? Even if it is 20% I want to explore…post this I have been trying for Cap petition since five yrs now and not getting through lottery.

If there is a possibility can you send me details of attorney to my email id please?

9

USCIS announced changes in early 2017 that clarified that there is no validity period within which new cap-exempt petition needs to be filed.

You can read the details here - https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

The amendment makes clear that such time may be recaptured in a subsequent H-1B petition on behalf of the foreign worker, “at any time before the alien uses the full period of authorized H-1B admission described in section 214(g)(4) of the Act.”

10

My petition got approved on July 2016 with employer and i left the company to start my new concern. After 60 days of the approval date the employer withdrawn the approved petition due to my exit. Now i rejoined the same employer and i have all the I-797B notice, I-797C and other notice which has validity until 15/jun/2019. Can i go for cap exempt or is it not possible due to withdrawn ?